




















































































































































































































































































































































































































































































































































































* 





/ 

A 


\ 










Election Laws 

OF 

California 

1915-1916 ^ 


Including Naturalization and Other Laws of the 
United States 
Relating to Citizenship 



Compiled and Published by 
THE MYSELL-ROLLINS CO. 
San Francisco 














- 2 . 


Election Laws 

OF 

California 

1915-1916 

Including Naturalization and Other Laws of the 
United States 
Relating to Citizenship 




f 


* 


Copyrighted, 1916 
Compiled and Published by 
THE MYSELL-ROLLINS CO. 
San Francisco 



If 


O'K 

\°ll6 



©CI.A42801 9 

MAR -6 1916 

I , 

\ 


<r_ "J 


Constitution 

^ of the State of California 

I 

\ Extracts Thereof Relating to Public Offices and 

Election 


DECLARATION OF RIGHTS. 

/» 

DISTRIBUTION OF POWERS. 


LEGISLATIVE DEPARTMENT. 


EXECUTIVE DEPARTMENT. 


JUDICIAL DEPARTMENT. 


EDUCATION. 


COUNTIES, CITIES AND TOWNS. 


MISCELLANEOUS SUBJECTS. 


RECALL OF PUBLIC OFFICIALS. 













4 


CONSTITUTION 


AVho may 
vote. 


Who may 
not vote. 


ARTICLE 1. 

DECLARATION OF RIGHTS. 

Sec. 24. Property Qualifications not required. No property qualifica¬ 
tion shall ever be required for any person to vote or hold office, 

ARTICLE 11. 

Section 1. Right of Suffrage. Every native citizen of the United States, 
every person who shall have acquired the rights of citizenship under or 
by virtue of the treaty of Queretaro, and every naturalized citizen thereof, 
who shall have become such ninety days prior to any election, of the age 
of twenty-one years, who shall have been resident of the state one year 
next preceding the election, and of the county in which he or she claims 
his or her vote ninety days, and in the election precinct thirty days, 
shall be entitled to vote at all elections which are now or may hereafter 
be authorized by law; provided, no native of China, no idiot, no insane 
person, no person convicted of any infamous crime, no person hereafter 
convicted of the embezzlement or misappropriation of public money, 
and no person who shall not be able to read the Constitution in the 
English language and write his or her name, shall ever exercise the 
privileges of an elector in this state; provided, that the provisions 
of this amendment relative to an educational qualification shall not 
apply to any person prevented by a physical disability from comply¬ 
ing with its requisitions, nor to any person who now has the right to vote, 
nor to any person who shall be sixty years of age and upwards at the time 
this amendment shall take effect. [Amendment adopted October 10, 1911.] 

Sec. 2. Electors, Privileges of. Electors shall in all cases except 
treason, felony, or breach* of the peace, be privileged from arrest on the 
days of election, during their attendance at such election, going to and 
returning therefrom. 

Sec. 21 / 2 . Primary Elections, Legislature to have power to enact laws 
relative to. The Legislature shall have the power to enact laws relative 
to the election of delegates to conventions of political parties; and the 
Legislature shall enact laws providing for the direct nomination of can¬ 
didates for public office by electors, political parties, or organizations of 
electors without conventions, at elections to be known and designated as 
primary elections; and also to determine the tests and conditions upon 
which electors, political parties, or organizations of electors may partici¬ 
pate in any such primary election. It shall also be lawful for the Legislature 
to prescribe that any such primary election shall be mandatory and oblig¬ 
atory. The Legislature shall also have the power to establish the rates 
of compensation for primary election officers serving at such primary 
elections in any city, or city and county, or county, or other subdivision 
of a designated population, without making such compensation uniform, 
and for such purpose such law may declare the population of any city, 
city and county, county or political subdivision. Provided, however, that 
until the Legislature shall enact a direct primary election law under the 
provisions of this section, the present primary election law shall remain 
in force and effect. [Amendment adopted November 3, 1908.] 

Sec. 3. Voters not obliged to perform military duty on election day. 

No elector shall be obliged to perform militia duty on the day of election, 
except in time of war or public danger. 

Sec. 4. Residence of Voters, when not gained or lost. For the purpose 
of voting, no person shall be deemed to have gained or lost a residence 
by reason of his presence or absence while employed in the service of 
the United States; nor while engaged in the navigation of the waters of 
this State or of the United States, or of the high seas; nor while a student 
at any seminary of learning; nor while kept in any almshouse or other 
asylum, at public expense; nor while confined in any public prison. 


CONSTITUTION 


Sec. 5. Elections to be by ballot or other method, as prescribed by law. 

All elections by the people shall be by ballot, or by such other method 
as may be prescribed by law; provided, that secrecy in voting be pre¬ 
served. [Amendment adopted November 3, 1896.] 

Sec. 6. Voting Machines. The inhibitions of this Constitution to the 
contrary notwithstanding, the Legislature shall have power to provide 
that in different parts of the State different methods may be employed 
for receiving and registering the will of the people as expressed at elec¬ 
tions, and may provide that mechanical devices may be used within de¬ 
signated subdivisions of the State at the option of the local authority 
indicated by the Legislature for that purpose. [New section adopted 
November 4, 1902.] 


ARTICLE III. 

DISTRIBUTION OF POWERS. 

Section 1. Division of Government. The powers of the government of 
the State of California shall be divided into three separate departments— 
the legislative, executive, and judicial; and no person charged with the 
exercise of powers properly belonging to one of these departments shall 
exercise any functions appertaining to either of the others, except as in 
this Constitution expressly directed or permitted. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

Section 1. Legislative Power. The legislative power of this State shall 
be vested in a Senate and Assembly which shall be designated “The 
Legislature of the State of California,” but the people reserve to them¬ 
selves the power.to propose laws and amendments to the constitution, 
and to adopt or reject the same, at the polls independent of the Legis¬ 
lature, and also reserve the poweC at their own option, to so adopt or 
reject any act, or section, or part of any act, passed by the Legislature. 

The enacting clause of every law shall be “The people of the State of 
California do enact as follows:” 

The Initiative. 

The first power Veserved to the people shall be known as the initiative. 
Upon the presentation to the Secretary of State of a petition certified 
as herein provided to have been signed by qualified electors, equal in 
number to eight per cent of all the votes cast for all candidates for Gov¬ 
ernor at the last preceding general election,'at which a Governor was 
elected, proposing a law or amendment to the Constitution, set forth in 
full in said petition, the Secretary of State shall submit the said proposed 
law or amendment to the Constitution to the electors at the next suc¬ 
ceeding general election occurring subsequent to ninety days after the 
presentation aforesaid of said petition, or at any special election called 
by the Governor in his discretion prior to such general election. All 
such initiative petitions shall have printed across the top thereof in 
twelve point black-face type the following: “Initiative measure to be 
submitted directly to the electors.” 

Upon the presentation to the Secretary of State, at any time not less 
than ten days before the commencement of any regular session of the 
Legislature, of a petition certified as herein provided to have been signed 
by qualified electors of the State equal in number to five per cent of all 
the votes cast for all candidates for Governor at the last preceding 
general election, at which a Governor was elected, proposing a law set 
forth in full in said petition, the Secretary of State shall transmit the 
same to the Legislature as soon as it convenes and organizes. The law 
proposed by such petition shall be either enacted or rejected without 
change or amendment by the Legislature, within forty days from the 


The first 
power 
reserved to 
the people, 
known as the 
‘ ‘Initiative.’* 


Time of 
Election. 


Fcrm of 
petition. 


6 


CONSTITUTION 


Proposed law 
shall be 
subject to 
referendum. 


Legislature 
may reject 
by initiative 
petition. 


Form of 
petition. 


Second power 
reserved to 
the people 
known as 
“Refer¬ 
endum.’ ’ 


When acts 
railing 
for elections 
may go 
into effect. 


Petitions to 
be signed by 
electors, 
equal to five 
per cent of 
votes cast. 


Acts repealed 
by vote of 
the people. 


time it is received by the Legislature. If any law proposed by such peti¬ 
tion shall be enacted by the Legislature it shall be subject to referendum, 
as hereinafter provided. If any law so petitioned for, be rejected, or if no 
action is taken upon it by the Legislature within said forty days, the 
Secretary of State shall submit it to the people for approval or rejection 
at the next ensuing general election. The Legislature may reject any 
measure so proposed by initiative petition and propose a different one 
on the same subject by a yea and nay vote upon separate roll call, and in 
such event both measures shall be submitted by the Secretary of State 
to the electors for approval or rejection at the next ensuing general elec¬ 
tion or at a prior special election called by the Governor, in his discretion, 
for such purpose. All said initiative petitions last above described shall 
have printed in twelve point black-face type the following: “Initiative 
measure to be presented to the Legislature.” 

Referendum. 

- The second power reserved to the people shall be known as the refer¬ 
endum. No act passed by the Legislature shall go into effect until ninety 
days after the final adjournment of the session of the'Legislature which 
passed such act, except acts calling elections, acts providing for tax 
levies or appropriations for the usual current expenses of the State, and 
urgency measures necessary for the immediate preservation of the public 
peace, health or saffety, passed by a two-thirds vote of all the members 
elected to each house. Whenever it is deemed necessary for the imme¬ 
diate preservation of the public peace, health or safety that a law shall 
go into immediate effect, a statement of the facts constituting such 
necessity shall be set forth in one section of the act, which section shall 
be passed only upon a yea and nay vote, upon a separate roll call thereon; 
provided, however, that no measure creating or abolishing any office or 
changing the salary, term or duties of any officer, or granting any fran¬ 
chise or special privilege, or creating any vested right or interest, shall 
be construed to be an urgency measure. Any law so passed by the Leg¬ 
islature and declared to be an urgency measure shall go into immediate 
effect. 

Upon the presentation to the Secretary of State within ninety days 
after the final adjournment of the Legislature of a petition certified as 
herein provided, to have been signed by qualified electors equal in 
number to five per cent of all the votes cast for all candidates for Gov¬ 
ernor at the last preceding general election at which a Governor was 
elected, asking that any act or section or part of any act of the Legis¬ 
lature, be submitted to the electors for their approval or rejection, the 
Secretary of State shall submit to the electors for their approval or re¬ 
jection, such act, or section or part of such act, at the next succeeding 
general election occurring at any time subsequent to thirty days after 
the filing of said petition or at any special election which may be called 
by the Governor, in his discretion, prior to such regular election, and no 
such act or section or part of such act shall go into effect until and 
unless approved by a majority of the qualified electors voting thereon; 
but if a referendum petition is filed against any section or part of any 
act the remainder of such act shall not be delayed from going into effect. 

Miscellaneous Provisions. 

Any act, law or amendment to the constitution submitted to the people 
by either initiative or referendum petition and approved by a majority 
of the votes cast thereon, at any election, shall take effect five days after 
the date of the official declaration of the vote by the Secretary of State. 
No act, law or amendment to the Constitution, initiated or adopted by 
the people, shall be subject to the veto power of the Governor, and no 
act, law or amendment to the Constitution, adopted by the people at the 
polls under the initiative provisions of this section, shall be amended 
or repealed except by a vote of the electors, unless otherwise provided 
in said initiative measure; but acts and laws adopted by the people under 


CONSTITUTION 


( 


the referendum provisions of this section may be amended by the legis¬ 
lature at any subsequent session thereof. If any provision or provisions 
of two or more measures, approved by the electors at the same election, 
conflict, the provision or provisions of the measure receiving the highest 
affirmative vote shall prevail. Until otherwise provided by law, all 
measures submitted to a vote of the electors, under the provisions of this 
section, shall be printed, and together with arguments for and against 
each such measure by the proponents and opponents thereof, shall be 
mailed to each elector in the same manner as now provided by law as 
to amendments to the Constitution, proposed by the Legislature; and 
the persons to prepare and present such arguments shall, until otherwise 
provided by law, be selected by the presiding officer of the Senate. 

If for any reason any initiative or referendum measure, proposed by 
petition as herein provided, be not submitted at the election specified in 
this section, such failure shall not prevent its submission at a succeeding 
general election, and no law or amendment to the Constitution, proposed 
by the Legislature, shall be submitted at any election unless at the same 
'election there shall be submitted all measures proposed by petition of 
the electors, if any be so proposed, as herein provided. 

Any initiative or referendum petition may be presented in sections, 
but each section shall contain a full and correct copy of the title and 
text of the proposed measure. Each signer shall add to his signature 
his place of residence, giving the street and number if such exist. His 
election precinct shall also appear on the paper after his name. The 
number of signatures attached to each section shall be at the pleasure 
of the person soliciting signatures to the same. Any qualified elector of 
the State shall be competent to solicit said signatures within the county 
or city and county of which he is an elector. Each section of the petition 
shall bear the name of the county or city and county in which it is cir¬ 
culated, and only qualified electors of such county or city and county 
shall be competent to sign such section. Each section shall have attached 
thereto the affidavit of the person soliciting signatures to the same, 
stating his own qualifications and that all the signatures to the atU’.ched 
section were made in his presence and that to the best of his knoT/ledge 
and belief each signature to the section is the genuine signature of the 
person whose name it purports to be, and no other affidavit thereto shall 
be required. The affidavit of any person soliciting signatures hereunder 
shall be verified free of charge by any officer authorized to administer 
oaths. Such petitions so verified shall be prima facie evidence that the 
signatures thereon are genuine and that the persons signing the same 
are qualified electors. Unless and until it be otherwise proven upon 
official investigation, it shall be presumed that the .petition presented 
contains the signatures of the requisite number of qualified electors. 

Each section of the petition shall be filed with the clerk or registrar 
of voters of the county or city and county in which it was circulated, 
but all said sections circulated in any county or city and county shall 
be filed at the same time. Within twenty days after the filing of such 
petition in his office the said clerk, or registrar of voters shall determine 
from the records of registration what number of qualified electors have 
signed the same, and if necessary the Board of Supervisors shall allow 
said clerk or registrar additional assistants for the purpose of examining 
such petition and provide for their compensation. The said clerk or 
registrar, upon the completion of such examination, shall forthwith attach 
to said petition, except the signatures thereto appended, his certificate, 
properly dated, showing the result of said examination and shall forth¬ 
with transmit said petition, together with his said certificate, to the Sec¬ 
retary of State and also file a copy of said certificate in his office. Within 
forty days from the transmission of the said petition and certificate by 
the clerk or registrar to the Secretary of State, a supplemental petition 
identical with the original as to the body of the petition but containing 


Measures 
to be printed 
and mailed 
to each 
elector. 


Failure to 
submit 
measure 
at the 
election. 


Petitions 
may be 
presented 
in sections. 


Who may / 

solicit 

signatures. 


Affidavit. 


Verification 
of affidavit. 


Petitions 
shall be 
filed with 
clerk or 
registrar 
of voters. 


Supervistors 
to allow 
additional 
assistants. 


Registrars 

certificate. 


8 


CONSTITUTION 


Supplemental 

petitions. 


Copy to 
secretary of 
state. 


Certificate. 


Duties of 
registrar 
to be 
performed 
where office 
exists. 


Manner of 
providing for 
“Initiative” 
and 

‘ ‘Refer¬ 
endum.’ ’ 


Election 
officers 
to be 
guided by. 


When Held. 

Term of 
Office. 


Term of 
Office. 


Eighty 
members 
of the 
Assembly. 


supplemental names, may be filed with the clerk or registrar of voters, 
as aforesaid. The clerk or registrar of voters shall within ten days after 
the filing of such supplemental petition make like examination thereof, 
as of the original petition, and upon the completion of such examination 
shall forthwith attach to said petition his certificate, properly dated, 
showing the result of said examination, and shall forthwith transmit a 
copy of said supplemental petition, except the signatures thereto ap¬ 
pended, together with his certificate, to the Secretary of State. 

When the Secretary of State shall have received from one or more 
county clerks or registrars of voters a petition certified as herein pro¬ 
vided to have been signed by the requisite number of qualified electors, 
he shall forthwith transmit to the county clerk or registrar of voters of 
every county or city and county in the State his certificate showing such 
fact. A petition shall be deemed to be filed with the Secretary of State 
upon the date of the receipt by him of a certificate or certificates show¬ 
ing said petition to’ be signed by the requisite number of electors of 
the State. Any county clerk or registrar of voters shall, upon receipt 
of such copy, file the same for record in his office. 

The duties herein imposed upon the clerk or registrar of voters shall 
be performed by such registrar of voters in all cases where the office of 
registrar of voters exists. 

The initiative and referendum powers of the people are hereby further 
reserved to the electors of each county, city and county, city and town of 
the State, to be exercised under such procedure as may be provided by 
law. Until otherwise provided by law, the legislative body of any such 
county, city and county, city or town may provide for the manner of exer¬ 
cising the initiative and referendum powers herein reserved to such 
counties, cities and counties, cities and towns, but shall not require more 
than fifteen per cent of the electors thereof to propose any initiative 
measure nor more than ten per cent of the electors thereof to order the 
referendum. Nothing contained in this section shall be construed as 
affecting or limiting the present or future powers of cities or cities and 
counties having charters adopted under the provisions of section eight of 
article eleven of this constitution. 

In the submission to the electors of any measure under this section, all 
officers shall be guided by the general laws of this State, except as is 
herein otherwise provided. 

This section is self-executing, but legislation may be enacted to facil¬ 
itate its operation, but in no way limiting or restricting either the pro¬ 
visions of this section or the powers herein reserved. [Amendment 
adopted October 10, 1911.] 

Sec. 3. Election of Members of the assembly. Members of the Assem¬ 
bly shall be elected in the year 1879, at the time and in the manner now 
provided by law. The second election of members of the Assembly, after 
the adoption of this Constitution, shall be on the first Tuesday after the 
first Monday in November, 1880. Thereafter members of the Assembly 
shall be chosen biennially, and their term of office shall be two years; 
and each election shall be on the first Tuesday after the first Monday in 
November, unless otherwise ordered by the Legislature. 

Sec. 4. Election of Senators. Senators shall be chosen for the term of 
four years, at the same time and places as Members of the Assembly, 
and no person shall be a member of the Senate or Assembly who has 
not been a citizen and inhabitant of the State three years, and of the 
district for which he shall be chosen one year, next before his election. 

Sec. 5. Forty members of the Senate. The Senate shall consist of forty 
members’ and the Assembly of eighty members, to be elected by districts, 
numbered as hereinafter provided. The seats of the twenty Senators 
elected in the year eighteen hundred and eighty-two from the odd-num¬ 
bered districts shall be vacated at the expiration of the secopd year, so 
that one-half of the Senators shall be elected every two years; provided, 


CONSTITUTION 


0 


that all the Senators elected at the first election under this Constitution 
shall hold office for the term of three years. 

Sec. 6. Senatorial Districts forty. For the purpose of choosing mem¬ 
bers of the Legislature, the State shall be divided into forty senatorial and 
eighty assembly districts, as nearly equal in population as may be, and 
composed of contiguous territory, to be called senatorial and assembly 
districts. Each senatorial district shall choose one Senator, and each 
assembly district shall choose one Member of Assembly. The senatorial 
districts shall be numbered from one to forty, inclusive, in numerical 
order, and the assembly districts shall be numbered from one to eighty 
in the same order, commencing at the northern boundary of the State 
and ending at the southern boundary thereof. In the formation of such 
districts no county, or city and county, shall be divided, unless it contains 
sufficient population vrithin itself to form two or more districts, nor shall 
a part of any county, or of any city and county, be united with any other 
county, or city and county, in forming any district. The census taken 
under the direction of the Congress of the United States in the year one 
thousand eight hundred and eighty, and every ten years thereafter, shall 
be the basis of fixing and adjusting the legislative districts; and the Legis¬ 
lature shall, at its first session after each census, adjust such districts 
and reapportion the representation so as to preserve them as near equal 
in population as may be. But in making such adjustment no persons who 
are not eligible to become citizens of the United States, under the natu¬ 
ralization laws, shall be counted as forming a part of the population of 
any district. Until such districting as herein provided for shall be made 
Senators and Assemblymen shall be elected by the districts according to 
the apportionment now provided for by law. 

Sec. 12. Election, to fill vacancies. When vacancies occur in either 
house, the Governor, or the person exercising the functions of the Gov¬ 
ernor, shall issue writs of election to fill such vacancies. 

Sec. 19. Members not eligible to certain offices. No Senator or Mem¬ 
ber of Assembly shall, during the term for which he shall have been 
elected, be appointed to any civil office of profit under this State which 
shall have been created, or the emoluments of which have been increased, 
during such term, except such offices as may be filled by election by the 
people. 

Sec. 20. Persons'not eligible to civil office of profit. No person holding 
any lucrative office under the United States, or any other power, shall be 
eligible to any civil office of profit under this State; provided, that officers 
in the militia who receive no annual salary, local officers, or postmasters 
whose compensation does not exceed five hundred dollars per annum, shall 
not be deemed to hold lucrative offices. 

Sec. 21. Embezzlement. No person convicted of the embezzlement or 
defalcation of the public funds of the United States, or of any state, or of 
any county or municipality therein, shall ever be eligible to any office of 
honor, trust, or profit under this State, and the Legislature shall provide, 
by law, for the punishment of embeazlement or defalcation as a felony. 

Sec. 25. The Legislature shall not pass local or special laws in any of 
the following enumerated cases, that is to say: 

Ninth. Regulating county and township business, or the election of 
county and township officers. 

Eleventh. Providing for conducting elections, or designating the places 
of voting, except on the organization of new counties. 

Twenty-first. Changing county seats. 

Twenty-second. Restoring to citizenship persons convicted of infamous 
crimes. 

Twenty-eighth. Creating offices, or prescribing the powers and duties 
of officers in counties, cities, cities and counties, township, election or 
school district. 


Assembly 

Districts 

Eighty. 


Districts how 
numbered. 



10 


CONSTITUTION 


Sec. 27. Congressional Districts, Formation of. When a congressional 
district shall be composed of two or more counties, it shall not be sep¬ 
arated by any county belonging to another district. No county, or city 
and county, shall be divided in forming a congressional district so as to 
attach one portion of a county, or city and county, to another county,- or 
city and county, except in cases where one county, or city and county, 
has more population than the ratio required for one or more, congress- 
Legislature men; but the Legislature may divide any county, or city and county, into 

to divide. ^s many congressional districts as it may be entitled to by law. Any 

county, or city and county containing a population greater than the num¬ 
ber required for one congressional district, shall be formed into one or 
more congressional districts, according to the population thereof, and any 
residue, after forming such district or districts, shall be attached, by 
Composed of. compact adjoining assembly districts, to a contiguous county or counties, 
and form a congressional district. In dividing a county, or city and county, 
into congressional districts, no assembly district shall be divided so as 
to form a part of more than one congressional district, and every such 
congressional district shall be composed of compact contiguous assembly 
districts. 


ARTICLE V. 

EXECUTIVE DEPARTMENT. 

Section 1. Power vested in the governor. The supreme executive power 
of this State shall be vested in a chief magistrate, who shall be styled the 
Governor of the State of California. 

Term of See. 2 Election of Governor. The Governor shall be elected by the 

Office. qualified electors at the time and places of voting for members of the 

Assembly, and shall hold his office four years from and after the first 
Monday after the first day of January subsequent to his election, and until 
his successor is elected and qualified. 

Sec. 3. Who eligible to office of governor. No person shall be eligible 
to the office of Governor who has not been a citizen of the United States 
and a resident of this State five years next preceding his election, and 
attained the age of twenty-five years at the time of such election. 

Sec. 4. Election returns for governor, how transmitted. The returns of 
every election for Governor shall be sealed up and transmitted to the seat 
of government, directed to the Speaker of the Assembly, who shall, during 
the first week of the session, open and publish them in the presence of 
both houses of the Legislature. The person having the highest number 
of votes shall be Governor; but in case any two or more have an equal 
and the highest number of votes, the Legislature shall, by joint vote of 
both houses, choose one of such persons so having an equal and the 
highest number of votes for Governor. 

Sec. 8. When Governor fills vacancies. When any office shall, from any 
cause, become vacant, and no mode is provided by the Constitution and 
law for filling such vacancy, the Governor shall have power to fill such 
vacancy by granting a commission, which shall expire at the end of the 
next session of the Legislature, or the next election by the people. 

Sec. 15. Election of, and power vested in lieutenant-governor. A Lieu¬ 
tenant-Governor shall be elected at the same time and place, and in the 
same manner, as the Governor, and his term of office and his qualifica¬ 
tions shall be the same. He shall be president of the Senate, but shall 
only have a casting vote therein. 

Sec. 16. In case of vacancy in the office of governor. In case of the 
impeachment of the Governor, or his removal from office, death, inability 
to discharge the powers and duties of his office, resignation, or absence 
from the State, the powers and duties of the office shall devolve upon the 
Lieutenant-Governor for the residue of the term, or until the disability 
shall cease. And should the Lieutenant-Governor be impeached, displaced, 


CONSTITUTION 


11 


resign, die, or become incapable of performing the duties of his office, or 
be absent from the State, the President pro tempore of the Senate shall 
act as Governor until the vacancy in the office of Governor shall be filled 
at the next general election when members of the Legislature shall be 
chosen, or until such disability of the Lieutenant-Goveinor shall cease. 
In case of a vacancy in the office of Governor for any of the reasons 
above named, and neither the Lieutenant-Governor nor the President pro 
tempore of the Senate succeed to the powers and duties of Governor, then 
the powers and duties of such office shall devolve upon the Speaker of 
the Assembly, until the office of Governor shall be filled at such general 
election. | Amendment adopted November 8, 1898.] 

Sec. 17. Election of state executive officers. A Secretary of State, a 
Controller, a Treasurer, an Attorney-General and a Surveyor-General shall 
be elected at the same time and places, and in the same manner, as the 
Governor and Lieutenant-Governor, and their terms of office shall be the 
same as that of the Governor. 

Sec. 19. The Governor, Lieutenant-Governor, Secretary of State, Con¬ 
troller, Treasurer, Attorney-General, and,Surveyor-General shall, at stated 
times during their continuance in office, receive for their services a com¬ 
pensation which shall not be increased or diminished during the term 
for which they shall have been elected, which compensation is hereby fixed 
for the following officers, as follows: Governor, ten thousand dollars per 
annum; Lieutenant-Governor, four thousand dollars; the Secretary of 
State, Controller, Treasurer, and Surveyor-General, five thousand dollars 
each per annum, and the Attorney-General, six thousand dollars per annum, 
such compensation to be in full for all services by them respectively 
rendered in any official capacity.or employment whatsoever during their 
respective terms of office; provided, however, that the Legislature may, 
by law, diminish the compensation of any or all of such officers, but in 
no case shall have the power to increase the same above the sums hereby 
fixed by this Constitution. No salary shall be authorized by law for 
clerical service in any office provided-for in this article, exceeding eighteen 
hundred dollars per annum for each clerk employed. The Legislature 
may, in its discretion, abolish the office of Surveyor-General; and none of 
the officers hereinbefore named shall receive for their own use any fees 
or perquisites for the performance of any official duty. (Amendment 
adopted November 3, 1908.) 

Sec. 20. Governor not eligible to U. S. Senate. The Governor shall not, 
during his term of office, be elected a Senator to the Senate of the United 
States. 


ARTICLE VI. ' 

JUDICIAL DEPARTMENT. 

' Section 1. Judicial power how vested. The judicial power of the State 
shall be vested in the Senate, sitting as a court of impeachment, in a 
Supreme Court, District Courts of Appeal, Superior Courts and such in¬ 
ferior courts as the Legislature may establish in any incorporated city or 
town, township, county, or city and county. (Amendment adopted Oc¬ 
tober 10, 1911.) 

Sec. 3. Election of Justices of Supreme Court. The Chief .Justice and 
the Associate Justices shall be elected by the qualified electors of the 
State at large at the general state elections, at the time and places at 
which state officers are elected; and the term of office shall be twelve 
years from and after the first Monday after the first day of January next 
succeeding their election; provided, that the six Associate Justices elected 
at the first election shall, at their first meeting, so classify themselves, 
by lot, that two of them shall go out of office at the end of four years, two 
of them at the end of eight years, and two of them at the end of twelve 
years, and an entry of such classification shall be made in the minutes 
of the court in bank, signed by them, and a duplicate thereof .shall be 


Term of 
C'ffice. 


12 


CONSTITUTION 


Appellate 
districts, 
division of. 


filed in the office of the Secretary of State. If a vacancy occur in the 
office of a justice, the Governor shall appoint a person to hold the office 
until the election and qualification of a justice to fill the vacancy, which 
election shall take place at the next succeeding general election, and the 
justice so elected shall hold the office for the remainder of the unexpired 
term. The first election of the justices shall be at the first general elec¬ 
tion after the adoption and ratification of this Constitution. 

Sec. 4. Jurisdiction of supreme court and district courts of appeal— 
Appellate districts. The Supreme Court shall have appellate jurisdiction 
on appeal from the Superior Courts in all cases in equity, except such 
as arise in Justices’ Courts; also, in all cases at law which involve the 
title or possession of real estate, or the legality of any tax, impost, as¬ 
sessment, toll, or municipal fine, or in which the demand, exclusive of 
interest, or the value of the property in controversy, amounts to two 
thousand dollars; also, in all such probate matters as may be provided 
by law; also, on questions of law alone, in all criminal cases where judg¬ 
ment of death has been rendered; the said court shall also have appellate 
jurisdiction in all cases, matters, and proceedings pending before a Dis¬ 
trict Court of Appeal, which shall be ordered by the Supreme Court to 
be transferred to itself for hearing and decision, as hereinafter provided. 
The said court shall also have power to issue writs of mandamus, cer¬ 
tiorari, prohibition, and habeas corpus, and all other writs necessary or 
proper to the complete exercise of its appellate jurisdiction. Each of 
the justices shall have power to issue writs of habeas corpus to any part 
of the State, upon petition by or on behalf of any person held in actual 
custody, and may make such writs returnable before himself or the Su¬ 
preme Court, or before any District Court of Appeal, or before any judge 
thereof, or before any Superior Court in the State, or before any judge 
thereof. 

The State is hereby divided into three appellate districts, in each of 
which there shall be a District Court of Appeal consisting of three justices. 
The first district shall embrace the following counties: San Francisco, 
Marin, Contra Costa, Alameda, San Mateo, Santa Clara, Fresno, Santa 
Cruz, Monterey, and San Benito. 

The second district shall embrace the following counties: Tulare, 
Kings, San Luis Obispo, Kern, Inyo, Santa Barbara, Ventura, Los Angeles, 
San Bernardino, Orange, Riverside, and San Diego. 

The third district shall embrace the following counties: Del Norte, 
Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Tehama, Plumas, 
Mendocino, Lake, Colusa, Glenn, Butte, Sierra, Sutter, Yuba, Nevada, 
Sonoma, Napa, Yolo, Placer, Solano, Sacramento, El Dorado, San Joaquin, 
Amador, Calaveras, Stanislaus, Mariposa, Madera, Merced, Tuolumne, 
Alpine and Mono. 

The Supreme Court, by orders entered in its minutes, may from time 
to time remove one or more counties from one appellate district to an¬ 
other, but no county not contiguous to another county of a district shall 
be added to such district. 

Said District Courts of Appeal shall hold their regular sessions respect¬ 
ively at San Francisco, Los Angeles, and Sacramento, and they shall 
always be open for the transaction of business. 

The District Courts of Appeal shall have appellate jurisdiction on ap¬ 
peal from the Superior Courts in all cases at law in which the demand, 
exclusive of interest, or the value of the property in controversy, amounts 
to three hundred dollars, and does not amount to two thousand dollars; 
also, in all cases of forcible and unlawful entry and detainer (except such 
as arise in Justices’ Courts), in proceedings in insolvency, and in actions 
to prevent or abate a nuisance; in proceedings of mandamus, certiorari, 
and prohibition, usurpation of office, contesting elections and eminent do¬ 
main, and in such other special proceedings as may be provided by law 
(excepting cases in which appellate jurisdiction is given to the Supreme 
Court); also, on questions of law alone, in all criminal cases prosecuted 


CONSTITUTION 


13 


by indictment or information in a court of record, excepting criminal 
cases where judgment of death has been rendered. The said courts shall 
also have appellate jurisdiction in all cases, matters, and proceedings 
pending before the Supreme Court which shall be ordered by the Supreme 
Court to be transferred to a District Court of Appeal for hearing and 
decision. The said courts shall also have power to issue writs of man¬ 
damus, certiorari, prohibition, and habeas corpus, and .all other writs 
necessary or proper to the complete exercise of their appellate jurisdiction. 

Each of the justices thereof shall have power to issue writs of habeas 
corpus to any part of his appellate district upon petition by or on behalf 
of any person held in actual custody, and may make such writs returnable 
before himself or the District Court of Appeal of his district, or before 
any Superior Court within his district, or before any judge thereof. 

The Supreme Court shall have power to order any cause pending Election of 
before the Supreme Court to be heard and determined by a District justices of 
Court of Appeal, and to order any cause pending before a District courts^o?^*^ 
Court of Appeal to be heard and determined by the Supreme Court. Appeal. 

The order last mentioned may be made before judgment has been 
pronounced by a District Court of Appeal, or within thirty days after 
such judgment shall have become final therein. The judgments of 
the District Courts of Appeal shall become final therein upon the 
expiration of thirty days after the same shall have been pronounced. 

The Supreme Court shall have power to order causes pending before 
a District Court of Appeal for one district to be transferred to the 
District Court of Appeal of another district for hearing and decision. 

The Justices of the District Courts of Appeal shall be elected by 
the qualified electors within their respective districts at the general 
state elections at the times and places at which Justices of the Supreme 
Court are elected. Their terms of office and salaries shall be the same 
as those of Justices of the Supreme Court, and their salaries shall be 
paid by the State. Upon the ratification by the people of this amend¬ 
ment the Governor shall appoint nine persons to serve as Justices of 
the District Courts of Appeal until the first Monday after the first day 
of January in the year 1907; provided, that not more than six of said 
persons shall be members of the same political party. At the election 
in the year 1906 nine of such justices shall be elected as above provided, 
and the justices of each District Court of Appeal shall so classify them¬ 
selves by lot that one of them shall go out of office at the end of 
four years, one of them at the end of eight years, and one of them at 
the end of twelve years; an entry of such classification shall be made 
in the minutes of the court, signed by the three justices thereof, and 
a duplicate thereof filed in the office of the Secretary of State. If 
any vacancy occur in the office of a Justice of the District Courts of 
Appeal, the Governor shall appoint a person to hold office until the 
election and qualification of a justice to fill the vacancy; such election 
shall take place at the next succeeding general State election as afore¬ 
said; the justice then elected shall hold the office for the unexpired 
term. 

One of the justices of each of the District Courts of Appeal shall Term of 
be the presiding justice thereof, and as such shall be appointed or office, 

elected as the case may be. The presence of three justices shall be 
necessary for the transaction of any business by such court, except such 
as may be done at chambers, and the concurrence of three justices 
shall be necessary to pronounce a judgment. 

Whenever any Justice of the Supreme Court is for any reason dis- When 
qualified or unable to act in a cause pending before it, the remaining vacancier 
justices may select one of the Justices of the District Court of Appeal * 

to act pro tempore in the place of the justice so disqualified or unable 

to act. 

Whenever any Justice of a District Court of Appeal is for any reason 
disqualified or unable to act in any cause pending before it, the Supreme 
Court may appoint a Justice of the District Court of Appeal of another 


14 


CONSTITUTION 


district, or a Judge of a Superior Court who has not acted in the cause 
in the court below, to act pro tempore in the place of the justice so 
disqualified or unable to act. 

No appeal taken to the Supreme Court or to a District Court of Ap¬ 
peal shall be dismissed for the reason only that the same was not 
taken to the proper court, but the cause shall be transferred to the 
proper court upon such terms asi to costs or otherwise as may be just, 
and shall be proceeded with therein as if regularly appealed thereto. 

All statutes now in force allowing, providing for, or regulating appeals 
to the Supreme Court shall apply to appeals to the District Courts of 
Appeal so far as such statutes are not inconsistent with this article 
and until the Legislature shall otherwise provide. 

The Supreme Court shall make and adopt rules not inconsistent with 
law for the government of the Supreme Court and of the District' 
Courts of Appeal and of the officers thereof, and for regulating the 
practice in said courts. (Amendment adopted November 8, 1904.) 

Sec. 6. Election of Superior Judges. There shall be in each of the 
organized counties, or cities and counties, of the State, a Superior Court, 
for each of which at least one judge shall be elected by the qualified 
electors of the county, or city and county, at the general State election; 
provided, that until otherwise ordered by the Legislature, only one 
judge shall be elected for the counties of Yuba and Sutter, and that 
in the City and County of San Francisco there shall be elected twelve 
Judges of the Superior Court, any one or more of whom may hold court. 
There may be as many sessions of said court, at the same time, as 
there are judges thereof. The said judges shall choose, from their 
own number, a presiding judge, who may be removed at their pleasure. 
He shall distribute the business of the court among the judges thereof, 
and prescribe the order of business. The judgments, orders, and pro¬ 
ceedings of any session of the Superior Court held by any one or more 
of the judges of said court, respectively, shall be equally effectual as 
if all the judges of said respective courts presided at such session. 
In each of the counties of Sacramento, San Joaquin, Los Angeles, Sonoma, 
Santa Clara, and Alameda there shall be elected two such judges. The 
Term of term of office of Judges of the Superior Courts shall be six years from 

office. and after the first Monday of January next succeeding their election; 

provided, that the twelve Judges of the Superior Court elected in the 
City and County of San Francisco, at the first election held under 
this Constitution, shall at their first meeting so classify themselves, 
by lot, that four of them shall go out of office at the end of two years, 
and four of them shall go out of office at the end of four years, and 
four of them shall go out of office at the end of six years, and an entry 
of such classification shall be made in the minutes of the court, signed 
by them, and a duplicate thereof filed in the office of the Secretary 
of State. The first election of Judges of the Superior Courts shall 
take place at the first general election held after the adoption and 
ratification of this Constitution. If a vacancy occur in the office of 
Judge of a Superior Court, the Governor shall appoint a person to hold 
the office until the election and qualification of a judge to fill the 
vacancy, which election shall take place at the next succeeding general 
election, and the judge so elected shall hold office for the remainder 
of the unexpired term. 

Sec. 9. Leave of Absence not to be granted. The Legislature shall 
have no power to grant leave of absence to any judicial officer; and 
any such officer who shall absent himself from the State for more 
than sixty consecutive days shall be deemed to have forfeited his of¬ 
fice. The Legislature of the State may, at any time, two-thirds of the 
members of the Senate and two-thirds of the members of the Assembly 
voting therefor, increase or diminish the number of Judges of the 
Superior Court in any county, or city and county, in the State; provided, 
* that no such reduction shall affect any judge who has been elected. 


CONSTITUTION 


15 


Sec. 11. justices of the peace, number and powers of. The Legisla¬ 
ture shall determine the number of each of the inferior courts in in¬ 
corporated cities or towns, and in townships, counties, or cities and 
counties, according to the population thereof and the number of judges 
or justices thereof, and shall fix by law the powers, duties and responsi- 
^ bilities of each of such courts and of the judges or justices thereof; 
provided, such powers shall not in any case trench upon the jurisdiction 
of the several courts of record, except that the Legislature shall provide 
that said courts shall have concurrent jurisdiction with the Superior 
Courts in cases of forcible entry and detainer, where the rental value 
does not exceed twenty-five dollars per month, and where the whole 
amount of damages claimed does not exceed two hundred dollars, and 
in cases to enforce and foreclose liens on personal property when 
neither the amount of liens nor the value of the property amounts to 
three hundred dollars. (Amendment adopted October 10, 1911.) 

Sec. 14. Clerks of courts—Court commissioners. The county clerks 
shall be ex-officio clerks of the courts of record in and for their re¬ 
spective counties, or cities and counties. The Legislature may also 
provide for the appointment, by the several superior courts, of one or 
more commissioners in their respective counties, or cities and counties, 
with authority to perform chamber business of the Judges of the 
Superior Courts, to take depositions, and perform such other business 
connected with the administration of justice as may be prescribed by 
law. (Amendment adopted October 10, 1911.) 

Sec. 17. Salaries, not to be increased or diminished after eiection. 
The Justices of the Supreme Court and o'f the District Courts of Ap¬ 
peal, and the Judges of the Superior Courts, shall severally, at stated 
times during their continuance in office, receive for their service such 
compensation as is or shall be provided by law. The salaries of the 
Judges of the Superior Court, in all counties having but one judge, 
and in all counties in which the terms of the Judges of the Superior 
Court expire at the same time, shall not hereafter be increased or 
diminished after their election, nor during the term for which they 
shall have been elected. Upon the adoption of this amendment the 
salaries then established by law shall be paid uniformly to the justices 
and judges then in office. The salaries of the Justices of the Supreme 
Court and of the District Courts of Appeal shall be paid by the State. 
One half of the salary of each Superior Court Judge shall be paid by 
the State; and the other half thereof shall be paid by the county for 
which he is elected. On and after the first day of January, A. D. one 
thousand nine hundred and seven, the Justices of the Supreme Court 
shall each receive an annual salary of eight thousand dollars, and the 
Justices of the several District Courts of Appeal shall each receive an 
annual salary of seven thousand dollars; the said salaries to be pay¬ 
able monthly. (Amendment adopted November 6, 1906.) 

Sec. 18. Not eligible to other offices, when. The Justices of the 
Supreme Court, and of the District Courts of Appeal, and the Judges 
of the Superior Courts shall be ineligible to any other office or public 
employment than a judicial office or employment during the term for 
which they shall have been elected. (Amendment adopted November 
8, 1904.) 

ARTICLE IX. 

EDUCATION. 

Sec. 2. Sup’t of public instruction. A Superintendent of Public In¬ 
struction shall, at each gubernatorial election after the adoption of this 
Constitution, be elected by the qualified electors of the State. He shall 
receive a salary equal to that of the Secretary. of State, and shall 
enter upon the duties of his office on the first Monday after the first 
day of January next succeeding his election. 


16 


CONSTITUTION 


ARTICLE XI. 

COUNTIES,‘CITIES, AND TOWNS. 

Section 1. The several counties, as they now exist, are hereby recog¬ 
nized as legal subdivisions of this State. 

Sec. 2. Removal of county seat, election for. No county seat shall 
be removed unless two thirds of the qualified electors of the county, 
voting on the proposition at a general election shall vote in favor 
of such removal. A proposition of removal shall not be submitted 
in the same county more than once in four years. 

Sec. 3. Formation of new counties. The Legislature, by general and 
uniform laws, may provide for the alteration of county boundary lines, 
and for the formation of new counties; provided, however, that no 
new county shall be established which shall reduce any county to 
a population of less than twenty thousand; nor shall a new county 
be formed containing a less population than eight thousand; nor shall 
any line thereof pass within five miles of the exterior boundary of the 
city or town in which the county seat of any county proposed to be 
^’vided is situated. Every county which shall be enlarged or created 
from territory taken from any other county or counties, shall be liable 
for a just proportion of the existing debts and liability of the county or 
counties from which such territory shall be taken. (Amendment adopted 
November 8, 1910.) 

Sec. 4. County government and township organization. The Legis¬ 
lature shall establish a system of county governments, which shall 
be uniform throughout the State; and by general laws shall provide 
for township organization, under which any county may organize when¬ 
ever a majority of the qualified electors of such county, voting at a 
general election, shall so determine; and whenever a county shall adopt 
township organization, the assessment and collection of the revenue 
shall be made, and the business of such county and the local affairs 
of the several townships therein shall be managed and transacted, in 
the manner prescribed by such general laws. 

Sec. 5. How elected office. The Legislature, by general and uniform 
laws, shall provide for the election or appointment, in the several counties, 
of Boards of Supervisors, Sheriffs,. County Clerks, District Attorneys, and 
such other county, township, and municipal officers as public convenience 
may require, and shall prescribe their duties and fix their terms of office. 
It shall regulate the compensation of all such officers, in proportion to 
duties, and may also establish fees to be charged and collected by such 
officers for services performed in their respective offices, in the manner 
and for the uses provided by law, and for this purpose may classify the 
counties by population; and it shall provide for the strict accountability 
of county and township officers for all fees which may be collected by 
them, and for all public and municipal moneys which may be paid to 
them, or officially come into their possession. It may regulate the com¬ 
pensation of grand and trial jurors in all courts within the classes of 
counties herein permitted to be made; such compensation, however, shall 
not, in any class, exceed the sum of three dollars per day and mileage. 
(Amendment adopted November 3, 1908.) 

Sec. 6. Municipal corporations, how created. Corporations for mu¬ 
nicipal purposes shall not be created by special laws; but the Legislature, 
shall, by general laws, provide for the incorporation, organization, and 
classification, in proportion to population, of cities and towns, which laws 
may be altered, amended, or repealed; and the Legislature may, by 
general laws, provide for the performance by county officers of 
certain of the municipal functions of cities and towns so incorporated, 
whenever a majority of the electors of any such city or town voting 
at a general or special election shall so determine. Cities and towns 
heretofore organized or incorporated may become organized under the 
general laws passed for that purpose, whenever a majority of 


CONSTITUTION 


17 


the electors voting at a general election shall so determine, and shall 
organize in conformity therewith. Cities and towns hereafter organized 
under charters framed and adopted by authority of this Constitution are 
hereby empowered, and cities and towns heretofore organized by au¬ 
thority of this Constitution may amend their charters in the manner 
authorized by this Constitution so as to become likewise empowered 
hereunder, to make and enforce all laws and regulations in respect to 
municipal affairs, subject only to the restrictions and limitations pro¬ 
vided in their several charters, and in respect to other' matters they 
shall be subject to and controlled by general laws. Cities and towns 
heretofore or hereafter organized by authority of this Constitution may, 
by charter provision or amendment, provide for the performance by 
county officers of certain of their municipal functions, whenever the 
discharge of such municipal functions by county officers is authorized 
by general laws or by the provisions of a county charter framed and 
adopted by authority of this Constitution. (Amendment adopted Novem¬ 
ber 3, 1914.) 

Sec. 7. Merging of city and county government. City and county gov¬ 
ernments may be merged and consolidated into one municipal govern¬ 
ment, with one set of officers, and may be incorporated under general 
laws providing for the incorporation and organization of corporations 
for municipal purposes. The provisions of this Constitution applicable 
to cities, and also those applicable to counties, so far as not inconsistent 
or prohibited to cities, shall be applicable to such consolidated govern¬ 
ment. (Amendment adopted November 6, 1894.) 

Sec. IVz. How counties may frame a charter for its own government. 

Any county may frame a charter for its own government consistent 
with and subject to the Constitution (or, having framed such a charter, 
may frame a new one), and relating to matters authorized by provisions 
of the Constitution, by causing a board of fifteen freeholders, who 
have been for at least five years qualified electors thereof, to be elected 
by the qualified electors of said county, at a general or special election. 
Said board of freeholders may be so elected in pursuance of an ordinance 
adopted by the vote of three fifths of all the members of the Board of 
Supervisors of such county, declaring that the public interest requires 
the election of such board for the purpose of preparing and proposing a 
charter for said county, or in pursuance of a petition of qualified electors 
of said county as hereinafter provided. Such petition, signed by fifteen 
percentum of the qualified electors of said county, computed upon the 
total number of votes cast therein for all candidates for Governor at the 
last preceding general election at which a Governor was elected, praying 
for the election of a board of fifteen freeholders to prepare and propose 
a charter for said county, may be filed in the office of the County Clerk. 
It shall be the duty of said County Clerk, within twenty days after the 
filing of said petition, to examine the same, and to ascertain from the 
record of the registration of electors of the county, whether said petition 
is signed by the requisite number of qualified electors. If required by 
said clerk, the Board of Supervisors shall authorize him to employ per¬ 
sons specially to assist him in the work of examining such petition, and 
shall provide for their compensation. Upon the completion of such ex¬ 
amination, said clerk shall forthwith attach to said petition his certificate, 
properly dated, showing_the result thereof, and if, by said certificate, it 
shall appear that said petition is signed by the requisite number of 
qualified electors, said clerk shall immediately present said petition to 
the Board of Supervisors, if it be in session, otherwise at its next regular 
meeting after the date of such certificate. Upon the adoption of such 
ordinance, or the presentation of such petition, said Board of Super¬ 
visors shall order the holding of a special election for the purpose of 
electing such board of freeholders, which said special election shall be 
held not less than twenty days nor more than sixty days after the 
adoption of the ordinance aforesaid or the presentation of said petition 
to said Board of Supervisors; provided, that if a general election shall 


Petition for. 


Special 
election, 
when and 
how 

conducted. 


18 


CONSTITUTION 


Duty of 
freeholders 
after result 
of election 
has been 
declared. 


Publication 
of proposed 
charter. 


Special 
election, 
when held. 


When 
charter 
becomes a 
law. 


Amendment 
to charter, 
how 

conducted. 


occur in said county hot less than twenty days nor more than sixty 
days after the adoption of the ordinance aforesaid, or such presentation 
of said petition to said Board of Supervisors, said board of freeholders 
may be elected at such general election. Candidates for election as 
members of said board of freeholders shall be nominated by petition, 
substantially in the same manner as may be provided by general law 
for the nomination, by petition of electors, of candidates for county 
offices, to be voted for at general elections. 

It shall be the duty of said board of freeholders, within one hundred 
and twenty days after the result of such election shall have been de¬ 
clared by said Board of Supervisors, to prepare and propose a charter 
for said county, which shall be signed in duplicate by the members of 
said board of freeholders, or a majority of them, and be filed, one copy 
in the office of the County Clerk of said county and the other in the 
office of the County Recorder thereof. Said Board of Supervisors shall 
thereupon cause said proposed charter to be published for at least ten 
times in a daily newspaper of general circulation, printed, published and 
circulated in said county; provided, that in any county where no such 
daily newspaper is printed, published and circulated, such proposed 
charter shall be published for at least three times in at least one weekly 
newspaper, of general circulation, printed, published and circulated in 
such county; and provided, that in any county where neither such daily 
nor such weekly newspaper is printed, published and circulated, a copy 
of such proposed charter shall be posted by the County Clerk in three 
public places in said county, and on or near the entrance to at least one 
public schoolhouse in each school district in said county, and the first 
publication or the posting of such proposed charter shall be made within 
fifteen days after the filing of a copy thereof, as aforesaid, in the office 
of the County Clerk. Said proposed charter shall be submitted by said 
Board of Supervisors to the qualified electors of said county at a special 
election held not less than thirty days nor more than sixty days after 
the completion of such publication, or after such posting; provided, that 
if a general election shall occur in said county not less than thirty days 
nor more than sixty days after the completion of such publication, or 
after such posting, then such proposed charter may be so submitted at 
such general election. If a majority of said qualified electors, voting 
thereon at such general or special election, shall vote in favor of such 
proposed charter, it shall be deemed to be ratified, and shall be forth¬ 
with submitted to the Legislature, if it be’ in regular session, otherwise 
at its next regular session, or it may be submitted to the Legislature in 
extraordinary session, for its approval or rejection as a whole, without 
power of alteration or amendment. Such approval may be made by con¬ 
current resolution, and if approved by a majority vote of the members 
elected to each house, such charter shall become the charter of such 
county and shall become the organic law thereof relative to the matters 
therein provided, and supersede any existing charter framed under the 
provisions of this section, and all amendments thereof, and shall super¬ 
sede all laws inconsistent with such charter relative to the matters pro¬ 
vided in such charter. A copy of such charter, certified and authen¬ 
ticated by the chairman and clerk of the Board of Supervisors under 
the seal of said board and attested by the County Clerk of said county, 
setting forth the submission of such charter to the electors -of said 
county, and its ratification by them, shall, after the approval of such 
charter by the Legislature, be made in duplicate, and filed, one in the 
office of the Secretary of State and the other, after being recorded in 
the office of the Recorder of said county, shall be filed in the office of 
the County Clerk thereof, and thereafter all courts shall take judicial 
notice of said charter. 

The charter, so ratified, may be amended by proposals therefor sub¬ 
mitted by the Board of Supervisors of the county to the qualified electors 
thereof at a general or special election held not less than thirty days 
nor more than sixty days after the publication of such proposals for 


CONSTITUTION 


19 


ten times in a daily newspaper of general circulation, printed, published 
and circulated in said county; provided, that in any county where no 
such daily newspaper is printed, published and circulated, such pro¬ 
posed charter shall be published for at least three times in at least 
one weekly newspaper, of general circulation, printed, published and 
circulated in such county; provided, that in any county where neither 
such daily nor such weekly newspaper is printed, published and circu¬ 
lated, a copy of such proposed charter shall be posted by the County 
Clerk in three public places in said county, and on or near the entrance 
to at least one public schoolhouse in each school district in said county. 
If a majority of such qualified electors voting thereon, at such general 
or special election, shall vote in favor of any such proposed amend¬ 
ment or amendments, or any amendment or amendments proposed by 
petition as hereinafter provided, such amendment or amendments shall 
be deemed to be ratified, and shall be forthwith submitted to the Legis¬ 
lature, if it be in regular session, otherwise at its next regular session, 
or may be submitted to the Legislature in extraordinary session, for 
approval or rejection as a whole without power of alteration or amend¬ 
ment, and if approved by the Legislature, as herein provided for the 
approval of the charter, such charter shall be amended accordingly, 
A copy of such amendment or amendments shall, after the approval 
thereof by the Legislature, be made in duplicate, and shall be authenti¬ 
cated, certified, recorded and filed as herein provided for the charter, 
and with like force and effect. Whenever a petition signed by ten 
per centum of the qualified electors of any county, computed upon the 
total number of votes cast in said county for all candidates for Grov- 
ernor at the last general election at which a Governor was elected, is 
filed in the office of the County Clerk of said county, petitioning the 
Board of Supervisors thereof to submit any proposed amendment or 
amendments to the charter of such county, which amendment or amend¬ 
ments shall be set forth in full in such petition, to the qualified electors 
thereof, such petition shall forthwith be examined and certified by the 
County Clerk, and if signed by the requisite number of qualified electors 
of such county, shall be presented to the said Board of Supervisors, 
by the said County Clerk, as hereinbefore provided for petitions for 
the election of boards of freeholders. Upon the presentation of said 
petition to said Board of Supervisors, said board must submit the amend¬ 
ment or amendments set forth therein to the qualified electors of said 
county at a general or special election held not less than thirty days 
nor more than sixty days after the publication or posting of such pro¬ 
posed amendment or amendments in the same manner as hereinbefore 
provided in the case of the submission of any proposed amendment or 
amendments to such charter, proposed and submitted by the Board 
of Supervisors. In submitting any such charter, or amendments thereto, 
any alternative article or proposition may be presented for the choice 
of the electors, and may be voted on separately without prejudice to 
others. 

Every special election held under the provisions of this section, for 
the election of boards of freeholders or for the submission of proposed 
charters, or any amendment or amendments thereto, shall be called 
by the Board of Supervisors, by ordinance, which shall specify the pur¬ 
pose and time of such election and shall establish the election precincts 
and designate 'the polling places therein, and the names of the election 
officers for each such precinct. Such ordinance, prior to such election 
shall be published five times in a daily newspaper, or twice in a weekly 
newspaper, if there be no such daily newspaper, printed, published and 
circulated in said county; provided, that if no such daily or weekly 
newspaper be printed or published in such county, then a copy of such 
ordinance shall be posted by the County Clerk in three public places- 
in such county and in or near the entrance to at least one public 
schoolhouse in each school district therein. In all other respects, every 
such election shall be held and conducted, the returns thereof canvassed 
and the result thereof declared by the Board of Supervisors in the same 


Circulation 
of copy. 


Petitions, 

when 

ratified. 


Elections to 
be called by 
Board of 
Supervisors. 


20 


CONSTITUTION 


Provisions 
of charter. 


Elective 
officers to be 
elected in 
manner 
provided by 
general laws. 


manner as provided by law for general elections. Whenever boards of 
freeholders shall be elected, or any such proposed charter, or amend¬ 
ment or amendments thereto, submitted, at a general election, the gen¬ 
eral laws applicable to the election of county officers and the submis¬ 
sion of propositions to the vote of electors, shall be followed in so far 
as the same may be applicable thereto. 

It shall be competent, in all charters, framed under the authority given* 
by this section to provide, in addition to any other provisions allowable 
by this Constitution, and the same shall provide, for the following matters: 

1. For Boards of Supervisors and for the constitution, regulation and 
government thereof, for the times at which and the terms for which 
the members of said board shall be elected, for the number of members, 
not less than three, that shall constitute such boards, for their com¬ 
pensation and for their election, either by the electors of the counties 
at large or by districts; provided, that in any event said board shall 
consist of one member for each district, who must be a qualified elector 
thereof; and 

2. For Sheriffs, County Clerks, Treasurers, Recorders, License Collec¬ 
tors, Tax Collectors, Public Administrators, Coroners, Surveyors, District 
Attorneys, Auditors, Assessors and Superintendents of Schools, for the 
election or appointment of said officers, or any of them, for the times 
at which and the terms for which, said officers shall be elected or 
appointed, and for their compensation, or for the fixing of such com¬ 
pensation by Boards of Supervisors, and, if appointed, for the manner 
of their appointment; and 

3. For the number of Justices of the Peace and Constables for each 
township, or for the number of such Judges and other officers of such 
inferior courts as may be provided by the Constitution or general law, 
for the election or appointment of said officers, for the times at which 
and the terms for which said officers shall be elected or appointed, 
and for their compensation, or for the fixing of such compensation by 
Boards of Supervisors, and if appointed, for the manner of their ap¬ 
pointment; and 

4. For the powers and duties of Boards of Supervisors and all other 
county officers, for their removal and for the consolidation and segre¬ 
gation of county offices, and for the manner of filling all vacancies oc¬ 
curring therein; provided, that the provisions of such charters relating 
to the powers and duties of Boards of Supervisors and all other county 
officers shall be subject to and controlled by general laws; and 

5. For the fixing and regulation by Boards of Supervisors, by ordinance, 
of the appointment and number of assistants, deputies, clerks, attaches 
and other persons to be employed from time to time, in the several 
offices of the county, and for the prescribing and regulating by such 
boards of the powers, duties, qualifications and compensation of such 
persons, the times at which, and terms for which they shall be ap¬ 
pointed, and the manner of their appointment and removal; and 

6. For the compensation of such fish and game wardens, probation 
and other officers as may be provided by general law, or for the fixing 
of such compensation by Boards of Supervisors. 

All elective officers of counties, and of townships, of road districts 
and of highway construction divisions therein shall be nominated and 
elected in the manner provided by general laws for the nomination and 
election of such officers. 

All charters framed under the authority given by this section, in 

addition to the matters herein above specified, may provide as follows: 

.For offices other than those required by the Constitution and laws 
of the State, or for the creation of any or all of such offices by Boards 

of Supervisors, for the election or appointment of persons to fill such 

offices, for the manner of such appointment, for the times at which 
and the terms for which such persons shall be so elected or appointed, 


CONSTITUTION 


21 


and for their compensation, or for the fixing of such compensation by 
Boards of Supervisors. 

For offices hereafter created by this Constitution or by general law, 
for the election or appointment of persons to fill such offices, for the 
manner of such appointment, for the times at which and the terms for 
which such persons shall be so elected or appointed, and for their 
compensation, or for the fixing of such compensation by Boards of 
Supervisors. 

For the formation, in such counties, of road districts for the care, 
maintenance, repair, inspection and supervision only of roads, highways 
and bridges; and for the formation, in such counties, of highway con¬ 
struction divisions for the construction only of roads, highways and 
bridges; for the inclusion in any such district or division, of the whole 
or any part of any incorporated city or town, upon ordinance passed 
by such incorporated city or town authorizing the same, and upon the 
assent to such inclusion by a majority of the qualified electors of such 
incorporated city or town, or portion thereof, proposed to'be so included, 
at an election held for that purpose; for the organization, government, 
powers and jurisdiction of such districts and divisions, and for raising 
revenue therein, for such purposes, by taxation, upon the assent of a 
majority of the qualified electors of such districts or divisions, voting 
at an election to be held for that purpose; for the incurring of indebted¬ 
ness therefor by such counties, districts or divisions for such purposes 
respectively, by the issuance and sale, by the counties, of bonds of such 
counties, districts or divisions, and the expenditure of the proceeds of 
the sale of such bonds, and for levying and collecting taxes against 
the property of the counties, districts or divisions, as the cas'e may be, 
for the payment of the principal and interest of such indebtedness at 
maturity; provided, that any such indebtedness shall not be incurred 
without the assent of two thirds of the qualified electors of the county, 
district or division, as the case may be, voting at an election to be held 
for that purpose, nor unless before or at the time of incurring such 
indebtedness provision shall be made for the collection of an annual 
tax sufficient to pay the interest on such indebtedness as it falls due, 
and also for a sinking fund for the payment of the principal thereof 
on or before maturity, w'hich shall not exceed forty years from the 
time of contracting the same, and the procedure for voting, issuing 
and selling such bonds shall, except in so far as the same shall be 
prescribed in such charters, conform to general laws for the authorizing 
and incurring by counties of bonded indebtedness, so far as applicable; 
provided, further, that provisions in such charters for the construction, 
care, maintenance, repair, inspection and supervision of roads, highways 
and bridges for which aid from the State is granted, shall be subject to 
such regulations and conditions as may be imposed by the Legislature. 

Whenever any county has framed and adopted a charter, and the same 
shall have been approved by the Legislature, as herein provided, the 
general laws adopted by the Legislature in pursuance of sections four 
and five of this- article, shall, as to such county, be superseded by said 
charter as to matters for which, under this section it is competent to 
make provision in such charter, and for which provision is made therein, 
except as herein otherwise expressly provided, and except that any such 
charter shall not affect the tenure of office of the elective officers of 
the county, or of any district, township or division thereof, in office at 
the time such charter goes into effect, and such officers shall continue 
to hold their respective offices until the expiration of the term for which 
they shall have been elected, unless sooner removed in the manner pro¬ 
vided by law. 

The charter of any county, adopted under the authority of this section, 
may be surrendered and annulled with the assent of two thirds of the 
qualified electors of such county, voting at a special election, held for 
that purpose, and to be ordered and called by the Board of Supervisors 
of the county upon receiving a written petition, signed and certified as 
hereinabove provided for the purposes of the adoption of charters, re- 


May provide 
for formation 
of road 
districts, etc. 


Sale of bonds 


Election for. 


Laws 

superseded 
by charter. 


Election for 

surrender 

and 

annulment 
of charter. 


CONSTITUTION 


90 


questing said board to submit the question of the surrender and annul¬ 
ment of such charter to the qualified electors'of such county, and, in the 
event of the surrender and annulment of any such charter, such county 
shall thereafter be governed under general laws in force for the govern¬ 
ment of counties. 

The provisions of this section shall not be applicable to any county 
that is consolidated with any city. (New section; adopted October 10, 
1911.) 

Sec. 8. City charters. Any city or city and county containing a popu¬ 
lation of more than three thousand five hundred inhabitants, as ascer¬ 
tained by the last preceding census taken under the authority of the 
Congress of the United States or of the Legislature of California, may 
frame a charter for its own government, consistent with and subject to 
this Constitution; and any city, or city and county having adopted a 
charter may adopt a new one. Any such charter shall be framed by a 
board of fifteen freeholders chosen by the electors of such city at any 
general or special election, but no person shall be eligible as a candidate 
for such board unless he shall have been, for the five years next pre¬ 
ceding, an elector of said city. An election for choosing freeholders may 
be called by a two-thirds vote of the legislative body of such city, and, 
on presentation of a petition signed by not less than fifteen per cent of 
the registered electors of such city, the legislative body shall call such 
election at any time not less than thirty nor more than sixty days from 
date of the filing of the petition. Any such petition shall be verified by 
the authority having charge of the registration records of such city or 
city and county and the expenses of such verification shall be provided 
by the legislative body thereof. Candidates for the office of freeholders 
shall be nominated either in such manner as may be provided for the 
nomination of officers of the municipal government or by petition, sub¬ 
stantially in the same manner as may be provided by general laws for 
the nomination by petition of electors of candidates for public offices 
to be voted for at general elections. The board of freeholders shall, 
within one hundred and twenty days after the result of the election is 
declared, prepare and propose a charter for the government of such 
city; but the said period of one hundred and twenty days may with the 
consent of the legislative body of such city be extended- by such board 
not exceeding a total of sixty days. The charter so prepared shall be 
signed by a majority of the board of freeholders and filed in the office 
of the clerk of the legislative body of said city. The legislative body 
of said city shall within fifteen days after such filing cause such charter 
to be published once in the official paper of said city; (or in case there 
be no such paper, in a paper of general circulation); and shall cause 
copies of such charter to be printed in convenient pamphlet form, and 
shall, until the date fixed for the election upon such charter, advertise 
in one or more papers of general circulation published in said city a 
notice that such copies may be had upon application therefor. Such 
charter shall be submitted to the electors of such city at a date to be 
fixed by the board of freeholders, before such filing and designated on 
such charter, either at a special election held not less than sixty days 
from the completion of the publication of such charter as above pro¬ 
vided, or at the general election next following the expiration of said 
sixty days. If a majority of the qualified voters voting thereon at such 
general or special election shall vote in favor of such proposed charter, 
it shall be deemed to be ratified, and shall be submitted to the Legis¬ 
lature, if then in session, or at the next regular or special session of 
the Legislature. The Legislature shall by concurrent resolution approve 
or reject such charter as a whole, without power of alteration or amend¬ 
ment; and if approved by a majority of the members elected to each 
house it shall become the organic law of such city or city and county, 
and supersede any existing charter and all laws inconsistent therewith! 
One copy of the charter so ratified and approved shall be filed with the 
Secretary of State, one with the recorder of the county in which such 
city is located, and one in the archives of the city; and thereafter the 


CONSTITUTION 


23 


courts shall take judicial notice of the provisions of such charter. The 
charter of any city or city and county may be amended by proposals 
therefor submitted by the legislative body of the city on its own motion 
or on petition signed by fifteen per cent of the registered electors, or 
both. Such proposals shall be submitted to the electors only during the 
six months next preceding a regular session of the Legislature or there¬ 
after and before the final adjournment of that session and at either a 
special election called for that purpose or at any general or special 
election. Petitions for the submission of any amendment shall be filed 
with the legislative body of the city or city and county not less than 
sixty days prior to the general election next preceding a regular session 
of the Legislature. The signatures on such petitions shall be verified by 
the authority having charge of the registration records of such city or 
city and county, and the expenses of such verification shall be provided 
by the legislative body thereof. If such petitions have a sufficient num¬ 
ber of signatures the legislative body of the city or city and county 
shall so submit the amendment or amendments so proposed to the 
electors. Amendments proposed* by the legislative body and amend¬ 
ments proposed by petition of the electors may be submitted at the 
same election. The amendments so submitted shall be advertised in 
the same manner as herein provided for the advertisement of a pro¬ 
posed charter, and the election thereon held at a date to be fixed by the 
legislative body of such city, not less than forty and not more than sixty 
days after the completion of the advertising in the official paper. If a 
majority of the qualified voters voting on any such amendment vote in 
favor thereof it shall be deemed ratified, and shall be submitted to the 
Legislature at the regular session next following such election; and 
approved or rejected without power of alteration in the same manner as 
herein provided for the approval or rejection of a charter. In submitting 
any such charter or amendment separate propositions, whether alterna¬ 
tive or conflicting, or one included within the other, may be submitted 
at the same time to be voted on by the electors separately, and, as 
between those so related, if more than one receive a majority of the 
votes, the proposition receiving the larger number of votes shall control 
as to all matters in conflict. It shall be competent in any charter 
framed under the authority of this section to provide that the munici¬ 
pality governed thereunder may make and enforce all laws and regu¬ 
lations in respect to municipal affairs, subject only to the restrictions 
and limitations provided in their several charters and in respect to 
other matters they shall be subject to general laws. It shall be com¬ 
petent in any charter to provide for the division of the city or city and 
county governed thereby into boroughs or districts, and to provide that 
each such borough or district may exercise such general or special 
municipal powers, and to be administered in such manner, as may be 
provided for each such borough or district in the charter of the city 
or city and county. 

The percentages of the registered electors herein required for the 
election of freeholders or the submission of amendments to charters shall 
be calculated upon the total vote cast in the. city or city and county at 
the last preceding general State election; and the qualified electors 
shall be those whose names appear upon the registration records of the 
same or preceding year. The election laws of such city or city and 
county shall, so far as applicable, govern all elections held under the 
authority of this section. (Amendment adopted November 3, 1914.) 


ARTICLE XX. 

MISCELLANEOUS SUBJECTS. 

Section 1. Capital of State, how changed. The City of Sacramento is 
hereby declared to be the seat of government of this State, and shall so 
remain until changed by law; but no law changing the seat of government 
shall be valid or binding unless the same be approved and ratified by a 


24 


CONSTITUTION 


majority of the qualified electors of the State voting therefor at a gen¬ 
eral State election, under such regulations and provisions as the Legis¬ 
lature, by a two-thirds vote of each house, may provide, submitting the 
question of change to the people. 

Sec. 2. Disqualifications for duelling. Any citizen of this State who 
shall, after the adoption of this Constitution, fight a duel with deadly 
weapons, or send or accept a challenge to fight a duel with deadly weapons 
either wuthin this State or out of it, or who shall act as second, or know¬ 
ingly aid or assist in any manner those thus offending, shall not be al¬ 
lowed to hold any office of profit, or to enjoy the right of suffrage under 
this Constitution. 

Sec. 3. Oath of office. Members of the Legislature, and all officers, 
executive and judicial, except such inferior officers as may be by law 
exempted, shall, before they enter upon the duties of their respective 
offices, take and subscribe the following oath or affirmation: 

“I do solemnly swear (or affirm, as the case may be) that I will sup¬ 
port the Constitution of the United States and the Constitution of the 
State of California, and that I will faithfully discharge the duties of the 
office of-according to the best of my ability.” 

And no other oath, declaration, or test shall be required as a qualifica¬ 
tion for any office or public trust. 

Sec. 4. Election of officers, or commissioners. All officers or commis¬ 
sioners whose election or appointment is not provided for by this Con¬ 
stitution, and all officers or commissioners whose offices or duties may 
hereafter be created by law, shall be elected by the people, or appointed, 
as the Legislature may direct. 

Sec. 10. Bribery disqualifies. Every person shall be disqualified from 
holding any office of profit in this State who shall have been convicted 
of having given or offered a bribe to procure his election or appointment. 

Sec. 11. Purity in office holding, elections, etc. Laws shall be made 
to exclude from office, serving on juries, and from the right of suffrage, 
persons convicted of bribery, perjury, forgery, malfeasance in office, or 
other high crimes. The privilege of free suffrage shall be supported by 
laws regulating elections, and prohibiting, under adequate penalties, all 
undue influence thereon from power, bribery, tumult, or other improper 
practice. 

Sec. 12. Residence. Absence from this State, on business of the State 
or of the United States, shall not affect the question of residence of any 
person. • 

Sec. 13. Election by plurality of vote. A plurality of the votes given at 
any election shall constitute a choice where not otherwise alrected in 
this Constitution; provided, that it shall be competent in all charters 
of cities, counties or cities and counties framed under the authority of 
this Constitution to provide the manner in which their respective elective 
officers may be elected and to prescribe a higher proportion of the vote 
therefor; and provided, also, that it shall be competent for the Legis¬ 
lature by general law to provide the manner in which officers of munici¬ 
palities organized or incorporated under general laws may be elected 
and to prescribe a higher proportion of the vote therefor. (Amendment 
adopted October 10, 1911.) 

Sec. 16. Term of office, when not fixed by the Constitution. When the 
term of any officer or commissioner is not provided for in this Constitu¬ 
tion, the term of such officer or commissioner may be declared by law; 
and if not so declared, such x)fficer or commissioner shall hold his position 
as such officer or commissioner during the pleasure of the authority mak¬ 
ing the appointment; but in no case shall such term exceed four years; 
provided, however, that in the case of any officer or employe of any 
municipality governed under a legally adopted charter, the provisions of 
such charter with reference to the tenure of office or the dismissal 
from office of any such officer or employe shall control; and provided, 
further, that the term of office of any person heretofore or hereafter ap¬ 
pointed to hold office or employment during good behavior under civil 



CONSTITUTION 


‘Jo 


service laws of the State or of any political division thereof shall not be 
limited by this section. (Amendment adopted October 10, 1911.) 

Sec. 20. Elections when held, term of office. Elections of the officers 
provided for by this Constitution, except at the election in the year 
eighteen hundred and seventy-nine, shall be held on the even-numbered 
years next before the expiration of their respective terms. The terms of 
such officers shall commence on the first Monday after the first day of 
January next following their election. 

ARTICLE XXIII. 

RECALL OF PUBLIC OFFICIALS 

Section 1. Recall of elective officers (new section). Every elective 
public officer of the State of California may be removed from office at 
any time by the electors entitled to vote for a successor of such incumbent, 
through the procedure and in the manner herein provided for, which pro¬ 
cedure shall be known as the recall, and is in addition to any other 
method of removal provided by law. 

The procedure hereunder to effect the removal of an incumbent of an Procedure, 
elective public office shall'be as follow's: A petition signed by electors 
entitled to vote for a successor of the incumbent sought to be removed, 
equal in number to at least twelve per cent of the entire vote cast at 
the last preceding election for all candidates for the office, which the in¬ 
cumbent sought to be removed occupies; (provided, that if the officer 
sought to be removed is a State officer who is elected in any political 
subdivision of the State, said petition shall be signed by electors entitled 
to vote for a successor to the incumbent sought to be removed, equal in 
number to at least twenty per cent of the entire vote cast at the last pre¬ 
ceding election for all candidates for the office which the incumbent 
sought to be removed occupies) demanding an election of a successor to 
the officer named in said petition, shall be addressed to the Secretary 
of State and filed with the Clerk, or Registrar of Voters, of the county 
or city and county in which the petition was circulated; provided, that 
if the officer sought to be removed was elected in the State at large 
such petition shall be circulated in not less than five counties of the State, 
and shall be signed in each of such counties by electors equal in number 
to not less than one per cent of the entire vote cast, in each of said 
counties, at said election, as above estimated. Such petition shall con¬ 
tain a general statement of the grounds on which the removal is sought, 
which statement is intended solely for the information of the electors, 
and the sufficiency of which shall not be open to review. 

When such petition is certified as is herein provided to the Secretary Petition, 
of State, he shall forthwith submit the said petition, together with a cer¬ 
tificate of its sufficiency, to the Governor, who shall thereupon order 
and fix a date for holding the election, not less than sixty days nor more 
than eighty days from the date of such certificate of the Secretary of 
State. 

The Governor shall make or cause to be made publication of notice Notice of , 
for the holding of such election, and officers charged by law with duties election, 
concerning elections shall make all arrangements for such election and 
the same shall be conducted, returned, and the result thereof declared, 
in all respects as are other state elections. On the official ballot at 
such election shall be printed, in not more than two hundred words, the 
reasons set forth in the petition for demanding his recall. And in not 
more than three hundred words there shall also be printed, if desired by 
him, the officer’s justification of his course in office. Proceedings for 
the recall of any officer shall be deemed to be pending from the date of 
the filing with any County, or City and County Clerk, or Registrar of 
Voters, of any recall petition against such officer; and if such officer 
shall resign at any time subsequent to the filing thereof, the recall election 
shall be held notwithstanding such resignation, and the vacancy caused 
by such resignation, or from any other cause, shall be filled as provided 


26 


CONSTITUTION 


{ 


Who may be 
nominated 
for the 
office to be 
filled. 


Form of 
ballot. 


Petition may 
be in 
sections. 


Each 

section of 
petition 
to be filed 
with clerk, 
or registrar 
of voters. 


by law, but the person appointed to fill such vacancy shall hold his office 
only until the person elected at the said recall election shall qualify. 

Any person may be nominated for the office which is to be filled at any 
recall election by a petition signed by electors, qualified to vote at such 
recall election, equal in number to at least one per cent of the total num¬ 
ber of votes cast at the last preceding election for all candidates for the 
office which the incumbent sought to be removed occupies. Each such 
nominating petition shall be filed with the Secretary of State not less 
than twenty-five days before such recall election. 

There shall be printed on the recall ballot, as to every officer whose 
recall is to be voted on thereat, the following question: “Shall (name of 
person against whom the recall petition is filed) be recalled from the 
office of (title of the office)?”, following which question shall be the 
words “Yes” and “No” on separate lines, with a blank space at the right 
of each, in which the voter shall indicate, by stamping a cross (X). his 
vote for or against such recall. On such ballots, under each such ques¬ 
tion, there shall also be printed the names of those persons who have 
been nominated as candidates to succeed the person recalled, in case 
he shall be removed from office by said recall election; but no vote cast 
shall be counted for any candidate for said office unless the voter also 
voted on said question of the recall of the person sought to be recalled 
from said office. The name of the person against whom the petition is 
filed shall not appear on the ballot as a candidate for the office. If a 
majority of those voting on said question of the recall of any incumbent 
from office shall vote “No,” said incumbent shall continue in said office. 
If a majority shall vote “Yes,” said incumbent shall thereupon be deemed 
removed from such office, upon the qualification of his successor. The 
canvassers shall canvass all votes for candidates for said office and de¬ 
clare the result in like manner as in a regular election. If the vote 
at any such recall election shall recall the officer, then the candidate 
who has received the highest number of votes for the office shall be 
thereby declared elected for the remainder of the term. In case the per¬ 
son who received the highest number of votes shall fail to qualify within 
ten days after receiving the certificate of election, the office shall be 
deemed vacant and shall be filled according to law. 

Any recall petition may be presented in sections, but each section 
shall contain a full and accurate copy of the title and text of the petition. 
Each signer shall add to his signature his place of residence, giving the 
street and number, if such exist. His election precinct shall also appear 
on the paper after his name. The number of signatures appended to 
each section shall be at the pleasure of the person soliciting signatures 
to the same. Any qualified elector of the State shall be competent to 
solicit such signatures within the county, or city and county, of which 
he is an elector. Each section of the petition shall bear the name of the 
county, or city and county in which it is circulated, and only qualified 
electors of such county or city and county shall be competent to sign 
such section. Each section shall have attached thereto the affidavit of the 
person soliciting signatures to the same stating his qualifications and 
that all the signatures to the attached section were made in his presence 
and that to the best of his knowledge and belief each signature to the 
section is the genuine signature of the person whose name it purports 
to be; and no other affidavit thereto shall be required. The affidavit of 
any person soliciting signatures hereunder shall be verified free of charge 
by any officer authorized to administer an oath. Such petition so 
verified shall be prima facie evidence that the signatures thereto ap¬ 
pended are genuine and that the persons signing the same are qualified 
electors. Unless and until it is otherwise proven upon official investiga¬ 
tion, it shall be presumed that the petition presented contains the signa¬ 
tures of the requisite number of electors. Each section of the petition 
shall be filed with the Clerk, or Registrar of Voters, of the county or 
city and county in which it was circulated; but all such sections cir¬ 
culated in any county or city and county shall be filed at the same time. 
Within twenty days after the date of filing such petition, the Clerk, or 


CONSTITUTION 


27 


Registrar of Voters, shall finally determine from the records of registra¬ 
tion what number of qualified electors have signed the same; and, if 
necessary, the Board of Supervisors shall allow such Clerk or Registrar 
additional assistants for the purpose of examining such petition and pro¬ 
vide for their compensation. The said Clerk or Registrar, upon the com¬ 
pletion of such examination, shall forthwith attach to such petition his 
certificate, properly dated, showing the result of such examination, and 
submit said petition, except as to the signatures appended thereto, to the 
Secretary of State and file a copy of said certificate in his office. Within 
forty days from the transmission of the said petition and certificate by 
the Clerk or Registrar of Voters to the Secretary of State, a supplemental 
petition, identical with the original as to the body of the petition but 
containing supplemental names, may be filed with the Clerk or Registrar 
of Voters, as aforesaid. The Clerk or Registrar of Voters shall within 
ten days after the filing of such supplemental petition make like examina¬ 
tion thereof as of the original petition, and upon the conclusion of such 
examination shall forthwith attach to such petition his certificate, prop¬ 
erly dated, showing the result of such examination, and shall forthwith 
transmit such supplemental petition, except as to the signatures thereon, 
together with his said certificate, to the Secretary of State. 

W^hen the Secretary of State shall have received from one or more 
County Clerks, or Registrars of Voters, a' petition certified as herein 
provided to have been signed by the requisite number of qualified 
electors, he shall forthwith transmit to the County Clerk or Registrar 
of Voters of every county or‘city and county in the State a certificate 
showing such fact; and such Clerk or Registrar*of Voters shall there¬ 
upon file said certificate for record in his office. 

A petition shall be deemed to be filed with the Secretary of State 
upon the date of the receipt by him of a certificate or certificates 
showing the‘said petition to be signed by the requisite number of elec¬ 
tors of the State. 

No recall petition shall be circulated or filed against any officer 
until he has actually held his office for at least six months; save 
and except it may be filed against any member of the State Legis¬ 
lature at any time after five days from the convening and organizing 
of the Legislature after his election. 

If at any recall election the incumbent whose removal is sought 
is not recalled, he shall be repaid from the State Treasury any amount 
legally expended by him as expenses of such election, and the Legis¬ 
lature shall provide appropriation for such purpose, and no proceed¬ 
ings for another recall election of said incumbent shall be initiated 
within six months after such election. 

If the Governor is sought to be removed under the provisions of 
this article, the duties herein imposed upon him shall be performed 
by the Lieutenant-Governor; and if the Secretary of State is sought 
to be removed, the duties herein imposed upon him shall be performed 
by the State Controller; and the duties herein imposed upon the Clerk 
or Registrar of Voters, shall be performed by such Registrar of Voters 
in all cases where the office of Registrar of Voters exists. 

The recall shall also be exercised by the electors of each county, 
city and county, city and town of the State, with reference to the 
elective officers thereof, under such procedure as shall be provided 
by law. 

Until otherwise provided by law, the legislative body of any such 
county, city and county, city or town may provide for the manner of 
exercising such recall powers in such counties, cities and counties, 
cities and town, but shall, not require any such recall petition to be 
signed by electors more in number than twenty-five per cent of the 
entire vote cast at the last preceding election for all candidates for 
the office which the incumbent sought to be removed occupies. Noth¬ 
ing herein contained shall be construed as affecting or limiting the 


Clerk or 
registrar to 
file 

certificate. 


When 
petition 
can not be 
circulated. 


Legislative 
body may 
provide 
manner 
of exercising 
power of 
recall. 


28 


CONSTITUTION 


present or future powers of cities or counties or cities and counties 
having charters adopted under the authority given by the Constitution. 

In the submission to the electors of any petition proposed under 
this article all officers shall be guided by the general laws of the State, 
except as otherwise herein provided. 

This article is self-executing, but legislation may be enacted to facili¬ 
tate its operation, but in no way limiting or restricting the provisions 
of this article or the powers herein reserved. (New article; adopted 
October 10, 1911.) 


THE 


POLITICAL CODE 

OF THE 

STATE OF CALIFORNIA 


PRELIMINARY PROVISIONS. 


Sec. 10. Holidays. Holidays within the meaning of this 
code, are every Sunday, the first day of January, twelfth day 
of February, to be known as Lincoln day, twenty-second day 
of February, thirtieth day of May, fourth day of July, ninth 
day of September, first Monday in September, twelfth day 
of October, to be known as “Columbus day,” twenty-fifth 
day of December, every day on which an election is held 
throughout the state', and every day appointed by the Presi¬ 
dent of the United States or by the governor of this 
state for a public fast, thanksgiving or holiday. If the 
first day of January, twelfth day of February, twenty-second 
day of February, the thirtieth day of May, the fourth 
day of July, the ninth day of September, the twelfth day of 
October, or the twenty-fifth day of December falls upon a Sun¬ 
day, the Monday following is a holiday. 

Every Saturday from twelve o’clock noon until twelve 
o’clock midnight is a holiday as regards the transaction of busi¬ 
ness in the public offices of this state, and also in political 
divisions thereof where laws, ordinances or charters provide 
that public offices shall be closed on holidays; this shall not be 
construed to prevent or invalidate the issuance, filing, service, 
execution or recording of any legal process or written instru¬ 
ment whatever on such Saturday afternoon; and provided, fur¬ 
ther, that the public schools of this state shall close on Satur¬ 
day, Sunday, the first day of January, the thirtieth day of May, 
the fourth day of July, the twenty-fifth day of December and 
on every day appointed by the President of the United States or 
the governor of this state for a public fast, thanksgiving or 
holiday. Said public schools shall continue in session on all 
other legal holidays and shall hold proper exercises commemo¬ 
rating the day. Boards of school trustees and city boards of 
education shall have power to declare a holiday in the public 
schools under their , jurisdiction when a good reason exists 
therefore. [Amendment approved March 27, 1911; Stats. 1911, 
p. 521.] 



30 


POLITICAL CODE 


One resi¬ 
dence only. 


Residence, 
how changed. 


TITLE II. 

PERSONS COMPOSING THE PEOPLE OF THE STATE. 

Sec. 50. Who are the people. The,people as a political body 
consist: 

1. Of. citizens who are electors; 

2. Of citizens not electors. 

Sec. 51. Who are citizens. The citizens of the state are: 

1. All persons born in this state and residing within it, ex¬ 
cept the children of transient aliens and of alien public ministers 
and consuls; 

2. All persons born out of this state who are citizens of the 
United States and residing within this state. 

Sec. 52. Residence, rules for determining. Every person has 
in law, a residence. In determining the place of residence, the 
following rules are to be observed: 

1. It is the place where one remains when not called else¬ 
where for labor or other special or temporary purpose, and to 
which he returns in seasons of repose; 

2. There can only be one residence; 

3. A residence cannot be lost until another is gained; 

4. The residence of the father during his life, and after his 
death the residence of the mother, while she remains unmarried, 
is the residence of the unmarried minor child; 

5. The residence of the husband is the residence of the wife; 

6. The residence of an unmarried minor who has a parent 
living cannot be changed by either his own act or that of his 
guardian*; 

7. The residence can be changed only by the union of act 
and intent. 

(Citations: Cal. 82-634; 104-625; 120-638; 137-427; 145-690; 
(Subd. 3) 145-328; (Subd. 4) 92-198; 131-182; Residence 

for purpose of voting, rules for determining; Post Sec. 1239; 
Const. Art. II, Sec. 4. Absence from state on official business 
does not affect question of residence: Const. Art. XX, Sec. 12. 
Residence of unmarried minor: 

1. Power of guardian to fix residence of ward: Code 
Civ. Proc., Sec. 1763. 

2. When parent may change residence of child: Civ. 
Code, Sec. 213. 

(Note—See quotations below taken Trom Civil Code.) 

Civil Code, Sec. 129. In actions for divorce, residence. In 
actions for divorce the presumption of law, that the domicile of 
the husband is the domicile of the wife, does not apply. After 
separation, each may have a separate domicile, depending for 
proof upon actual residence, and not upon legal presumption. 


POLITICAL CODE 


31 


Civil Code, Sec. 103. The husband may choose any reason¬ 
able place or mode of living, and if the wife does not conform 
thereto, it is desertion. 

Civil Code, Sec. 104. When the wife refuses to reside at 
place selected by the husband.—If the place or mode of living 
selected by the husband is unreasonable and grossly unfit, and 
the wife does not conform thereto, it is desertion on the part 
of the husband from the time her reasonable objections are 
made known to him. 

Citations: Cal. 74-613. 

Civil Code, Sec. 156. Rights of husbands. The husband is 
the head of the family. He may choose any reasonable place 
or mode of living, and the ‘wife must conform thereto. 

Citations: Cal. 67-391; 123-655; 137-275; App. 2-512. 

See also, Pol. Code, Sec. 1083-1230-1232-1233-1239-1240. 

TITLE III. 

POLITICAL RIGHTS AND DUTIES OF ALL PERSONS 

SUBJECT TO THE JURISDICTION OF THE STATE. 

Sec. 57. Persons not citizens. Persons in the state not 
citizens are either: 

1. Citizens of other states; or, 

2. Aliens. 

Sec. 58. Eligibility to office. Every elector is eligible to the 
office for which he is elector, except where otherwise specially 
provided; and no person is eligible who is not such an elector. 

Sec. 59. Rights and duties of citizens not electors. An 
elector has no rights or duties beyond those of a citizen not an 
elector, except the right and duty of holding and electing to 
office. 

Sec. 60. Of citizens of other states. A citizen of the United 
States, who is not a citizen of this state, has the same rights 
and duties as a citizen not an elector. 


32 


POLITICAL CODE 


SENATORIAL DISTRICTS 
By Counties. 



Senatorial 

Counties 

District 

Number 

Alameda 

13-14-15-16 

Alpine 

12 

Amador 

10 

Butte 

6 

Calaveras 

12 

Colusa 

4 

Contra Costa 

9 

Del Norte 

1 

El Dorado 

3 

Fresno 

26 

Glenn 

4 

Humboldt 

1 

Imperial 

39 

Inyo 

30 

Kern 

32 

Kings 

32 

Lake 

4 

Lassen 

2 

Los Angeles 

29-31-33-34- 

35-36-37-38 

Madera 

12 

Marin 

9 

Mariposa 

12 

Mendocino 

4 

Merced 

12 

Modoc 

2 

Mono 

12 

Monterey 

17 

Napa 

5 

Nevada 

3 



Senatorial 

Counties 

District 

Number 

Orange 

39 

Placer 

3 

Plumas 

3 

Riverside 

39 

Sacramento 

7 

San Benito 

11 

San Bernardino 

30 

San Diego 

40 

San Francisco 

18-19-20- 

21-22-23-24 

San Joaquin 

10 

San Luis Obis 

. 17 

San Mateo 

11 

Santa Barbara 

25 

Santa Clara 

27-28 

Santa Cruz 

11 

Shasta 

2 

Sierra 

3 

Siskiyou 

2 

Solano 

5 

Sonoma 

8 

Stanislaus 

12 

Sutter 

6 

Tehama 

1 

Trinity 

1 

Tulare 

32 

Tuolumne 

12 

Ventura 

25 

Yolo 

6 

Yuba 

6 













POLITICAL CODE 


h:', 



Siskiyou 


t woooc 


Shasta • 






AJ<nt\ 






INYO 


$AH 


/o^/A/oV 9* Ctrfit Cod - 

-^2* ^ 
o/" /Tome 


SAN FRANCISCO 

18to24 
INCLUSIVE 


Hffguttc* 











/ 


\ 



¥ 



I V 


•'' I*- 




\ 


. \ 


S* > »■ I 

i ^ 

✓ 

^ • / » ' .-* ^ Vto •* 


> 




I- 


X^-J->.Vt 

'■ "5r* 


r 


;JvY^» 


•^\<> 

' ■ 


• - • "'a ■% 

. 

0A. 


( 




* » 4.^01 V «-4 


I 


V 


/'^yj ' ■ 


v. 


<,V 


■ \ 


A. £ 


•*» ,. ' y 

^ \ *■ 

.N / 


» 


t’ I 


-i- - ■ . . ■ . ' 

*. - , "V- ;r ‘ 


o »- 

> » 


1 

i / 


* < 


•- . V "• .• , 






-'V 


\ t 


• rS' 

>ir 


»• 
• V 


" *5 . 

. ''' v'* * t V ' 


4» ; 

. 1 ^ 

;■*'-• > *, ■' 



• #> •», 



• r • •• ■ 

, • •‘v '-’ 

■■ • f.. » 

:<;- ^ ' i , 

* 

:i.-M 

.. 


''Xn'’ »v' 

y 



./ 


. ► ? 

■••' -Sf 

<■>>**'■ - 


i. 


L-f' 


V 


fcv ■- « 


.■J,-’/l?* ' r* 



.-■ vr^». -.i 

Vf '.- 

r . ' ^"-W' P'v 

/ - ■• '‘V- -N. ■ h-' 

' . ..V\> ■? 

' -X ^ .' 


* •• 


:••' r: 



•i 






/: 

.--X,. 

V ■ 


T •*«' 

;.- : ^75^*c 

r* 

\ 

;> •. 







.1 


•v 9 


•1 .. '^1 / 


.« 

*.i 


* . \ 


H 


•*>S^ 




►. 1 




N 


. -.. m 


r «* 


n .rji. 


/ 

■* j 


¥ 1 

-I* 


:J 



POLITICAL CODE 


35 


POLITICAL DIVISIONS OF THE STATE. 


SENATORIAL DISTRICTS. 

Sec. 78. The state is divided into forty senatorial districts, 
which shall be designated and constituted as follows: 

Senatorial District No. 1. The counties of Del Norte, Hum¬ 
boldt, Trinity and Tehama shall constitute the first senatorial 
district. 

Senatorial District No. 2. The counties of Modoc, Siskiyou, 
Shasta and Lassen shall constitute the second senatorial dis¬ 
trict. 

Senatorial District No. 3. The counties of Plumas, Sierra, 
Nevada, Placer and El Dorado shall constitute the third sen¬ 
atorial district. 

Senatorial District No. 4. The counties of Mendocino, Co¬ 
lusa, Lake and Glenn shall constitute the fourth senatorial dis¬ 
trict. 

Senatorial District No. 5. The counties of Napa and Solano 
shall constitute the fifth senatorial district. 

Senatorial District No. 6. The counties of Butte, Yuba, 
Sutter and Yolo shall constitute the sixth senatorial district. 

Senatorial District No. 7. The county of Sacramento shall 
constitute the seventh senatorial district. 

Senatorial District No. 8. The county of Sonoma shall con¬ 
stitute the eighth senatorial district. 

Senatorial District No. 9. The counties of Marin and Contra 
Costa shall constitute the ninth senatorial district. 

Senatorial District No. 10. The counties of San Joaquin ana 
Amador shall constitute the tenth senatorial district. 

Senatorial District No. 11. The counties of San Mateo, San 
Benito and Santa Cruz shall constitute the eleventh senatorial 
district. 

Senatorial District No. 12. The counties of Tuolumne, Mari¬ 
posa, Stanislaus, Merced, Alpine, Mono, Madera and Calaveras 
shall constitute the twelfth senatorial district. 



36 


POLITICAL CODE 


Senatorial District No. 13. All that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the line dividing Oakland and Brooklyn townships in¬ 
tersects the northeasterly boundary line of the county of Ala¬ 
meda; thence southwesterly along said dividing line to the 
northeasterly boundary line of the city of Piedmont; thence 
southeasterly and southerly following the northern and eastern 
boundary line of the city of Piedmont to the southeasterly cor¬ 
ner thereof; thence southwesterly along Thirteenth avenue to 
the center line of Fourteenth avenue; thence southerly along 
the center line of Fourteenth avenue to the center line of 
Lincoln street; thence easterly along the center line of Lincoln 
or East Thirty-first street to the center line of Twenty-third 
avenue; thence southerly along the center line of Twenty-third 
avenue to the center line of Sherman street, otherwise known as 
the old County Road; thence easterly along said old County 
Road to the center line of High street; thence easterly along 
center line of the Foothill Road, or County Road No. 3358, to 
the center line of Grand, or Ninetieth avenue; thence south¬ 
westerly along said line of Ninetieth avenue, crossing East 
Eourteenth street to the center line of “B”, or Second street; 
thence easterly along said ‘‘B” street to the center line of Jones, 
or Ninety-eighth avenue; thence southerly along the center 
line of Jones, or Ninety-eighth avenue, to the center line of 
County Road No. 1995; thence southerly along the center line 
of County Road No. 1995 to the line dividing Brooklyn and 
Eden townships; thence westerly along said township line to 
the line dividing Brooklyn and Alameda townships; thence 
southerly and westerly along the boundary line of Alameda 
township to the westerly boundary line of Alameda county; 
thence southerly along said westerly boundary line to its inter¬ 
section with the northerly boundary line of Santa Clara county; 
thence easterly along the boundary line dividing Alameda and 
Santa Clara counties to a point which is the intersection of the 
boundary lines of the counties of Alameda, Santa Clara, Stanis^ 
laus and San Joaquin; thence northwesterly and northerly along 
the boundary line between the counties of Alameda and San 
Joaquin to a point where the boundary line dividing the coun¬ 
ties of Alameda and Contra Costa intersects the westerly 
boundary line of the county of San Joaquin; thence in a south¬ 
westerly and northwesterly direction along the boundary line 
between the counties of Alameda and Contra Costa to the point 
of beginning, shall constitute the thirteenth senatorial district. 

Senatorial District No. 14. All that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the westerly boundary line of the county of Alameda is 
intersected by the line dividing Oakland and Alameda town¬ 
ships; thence easterly along said dividing line to a point in 
Oakland harbor where said line is intersected by the line divid¬ 
ing Oakland and Brooklyn townships; thence northerly along 


POLITICAL CODE * 


37 


the westerly boundary line of Brooklyn township, passing 
through the easterly arm of Lake Merritt and up Indian Gulch 
to the northeasterly boundary line of East Oakland Heights; 
thence southeasterly along said last boundary line to the center 
of Thirteenth avenue; thence northeasterly along center line of 
Thirteenth avenue, or County Road to Moraga Valley, to the 
center line of Fourteenth avenue; thence southerly along the 
center line of Fourteenth avenue to the center line of Lincoln 
street; thence easterly along the center line of Lincoln, or East 
Thirty-first street, to the center line of Twenty-third avenue; 
thence southerly along the center line of Twenty-third avenue 
to the center line of Sherman street, otherwise known as old 
County Road; thence easterly along said old County Road to the 
center line of High street; thence along the center line of Foot¬ 
hill Road, or County Road No. 3358, to the center line of Grand, 
or Ninetieth avenue; thence southerly along said line of Nine¬ 
tieth avenue, crossing East Fourteenth street to “B”, or Second 
street; thence easterly along said “B” street to the center line 
of Jones, or Ninety-eighth avenue; thence southerly along the 
center line of Jones; or Ninety-eighth avenue, to the center line 
of County Road No. 1995; thence southerly along center line of 
County Road No. 1995 to the line dividing Brooklyn and Eden 
townships; thence westerly along said township line to the line 
dividing Brooklyn and Alameda townships; thence southerly 
and westerly along the boundary line of Alameda township to 
the westerly boundary line of Alameda county; thence north¬ 
westerly along the westerly county boundary line to the south¬ 
erly boundary line of Oakland township and the point of be¬ 
ginning, shall constitute the fourteenth senatorial district. 

Senatorial District No. 15. All that portion of the county of 
Alameda discribed as follows, to wit: Beginning at a point 
where the northern boundary line of the city of Berkeley inter¬ 
sects the northeasterly boundary line of the county of Alameda; 
thence westerly along said northern boundary line of the city of 
Berkeley to a point where the same is coincident with the center 
line of Eunice street; thence westerly along the center line of 
Eunice street to the center line of Milvia street; thence south¬ 
erly along the center of Milvia street to the center line of Ade¬ 
line street; thence southerly along the center line of Adeline 
street to the northerly boundary line of the town of Emery¬ 
ville ; thence easterly, southerly and westerly following the 
boundary line of the town of Emeryville to the center line of 
San Pablo avenue; thence southerly along the center line of' 
San Pablo avenue to the center line of Broadway; thence south¬ 
erly along the center line of Broadway to the northern boundary 
line of Alameda township; thence easterly along the northern 
boundary line of Alameda township to the westerly line of 
Brooklyn township, the same being a point in Oakland harbor; 
thence northerly along the westerly boundary line of Brooklyn 
township, passing through the easterly arm of Lake Merritt 


38 


POLITICAL CODE 


and up Indian Gulch to the northeasterly boundary line of East 
Oakland Heights; thence southeasterly along last said boundary 
line to' the center line of Thirteenth avenue; thence north¬ 
easterly along the center line of Thirteenth avenue, or County 
Road to Moraga Valley, to the southeastern corner of the city 
of Piedmont; thence northerly and westerly following the east¬ 
erly and northerly boundary lines of the city of Piedmont to 
the line dividing Brooklyn and Oakland townships; thence 
northeasterly along the last said township line to the boundary 
line of Alameda county; thence northwesterly along the county 
boundary line to the point of beginning, shall constitute the 
fifteenth senatorial district. 

Senatorial District No. 16. All that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the northerly boundary line of the city of Berkeley inter¬ 
sects the northeasterly boundary line of the county of Alameda; 
thence westerly along said northern boundary line of the city 
of Berkeley to a point where the same is coincident with the 
center line of Eunice street; thence westerly along the center 
line of Eunice street to the center line of Milvia street; thence 
southerly along the center line of Milvia street to the center 
line of Adeline street; thence southerly along the center line of 
Adeline street to the northerly boundary lin£ of the town of 
Emeryville; thence easterly, southerly and westerly, following 
the boundary line of the town of Emeryville to the center line 
of San Pablo avenue; thence southerly along the center line of 
San Pablo avenue to the center line of Broadway ; thence south¬ 
erly along the center line of Broadway to the northern boundary 
line of Alameda township; thence westerly along the line divid¬ 
ing Alameda and Oakland townships to the western boundary 
line of the county of Alameda; thence northerly along the said 
county boundary line to the northern boundary line of the 
county of Alarheda; thence easterly following the northern 
boundary line of the county of Alameda to the point of begin¬ 
ning, shall constitute the sixteenth senatorial district. 

Senatorial District No. 17. The counties of Monterey and 
San Luis Obispo shall constitute the seventeenth senatorial 
district. 

Senatorial District No. 18. All that portion of the city and 
county of San Francisco described as follows: Commencing at 
the point of intersection of Van Ness avenue and Market street, 
continuing thence along the center line of the following named 
streets, to wit: Market to the waters of the Bay gf San Fran¬ 
cisco; thence along the shore line northerly to Filbert street. 
Filbert to, Leavenworth, Leavenworth to Broadway, Broadway 
to Van Ness avenue, Van Ness avenue to Market street, the 
place of beginning, together with all the waters of the Bay of 
San Francisco and the islands contained therein, situated within 


POLITICAL CODE 


39 


the boundaries of the city and county of San Francis :o, shall 
constitute the eighteenth senatorial district. 

Senatorial District No. 19; All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Maple and California streets, con¬ 
tinuing thence along the center line of the following named 
streets: California to Baker, Baker to Pine, Pine to Laguna, 
Laguna to Sutter, Sutter street to Van Ness Avenue, Van Ness 
avenue to Broadway, Broadway to Leavenworth, Leavenworth 
to Filbert, Filbert to the waters of the Bay of San Francisco; 
thence along the shore line of said bay northerly and westerly 
to the waters of the Pacific Ocean ; thence along said shore line to 
Lobos creek where the same enters into the Pacific ocean; 
thence along the line of said creek and the southerly boundary 
lihe of the Presidio Reservation to Maple street. Maple to Cali¬ 
fornia, the place of beginning, shall constitute the nineteenth 
senatorial district. 

Senatorial District No. 20. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the intersection of Pine and Laguna streets, continuing thence 
along the center line of the following named streets: Laguna 
to O’Farrell, O’Farrell street to St. Joseph avenue, St. Joseph 
avenue to Turk, Turk to Baker, Baker to Oak street. Oak 
street to Central avenue. Central avenue to Buena Vista ave¬ 
nue, Buena Vista avenue to Frederick street, Frederick to Clay¬ 
ton, Clayton street tb Clarendon avenue. Clarendon avenue to 
Burnett avenue, Burnett avenue to Palo Alto avenue, Palo 
Alto avenue to the easterly line of the San Miguel rancho; 
thence along said line northerly to a point opposite Seventeenth 
street; thence along said line of Seventeenth street, if extended, 
to Kirkham street, Kirkham street to Locksley avenue, Locksley 
avenue to the westerly line of San Miguel rancho; thence along 
said line to Corbett avenue and Sloat boulevard; thence along 
said line of the Sloat boulevard to the waters of the Pacific 
ocean; thence along the shore line of said ocean northerly and 
easterly to Lobos creek; thence along the line of said creek and 
the southerly boundary line of the Presidio Reservation to 
Maple street. Maple to California, California to Baker, Baker to 
Pine, Pine to Laguna, the place of beginning, together with the 
islands known as the Farallon Islands, shall constitute the 
twentieth senatorial district. 

Senatorial District No. 21. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of the center line of Twenty-first street 
with the center line of Dolores street; thence along the center 
line of the following named streets, to wit: Twenty-first street 
to San Carlos street, San Carlos street to Eighteenth street. 
Eighteenth street to Shotwell street, Shotwell street to Twenty- 
first street. Twenty-first street to Bryant avenue, Bryant avenue 


40 


POLITICAL CODE 


to Army street, Army street to Mission street, Mission street 
to Twenty-ninth street, Twenty-ninth street to Dolores street, 
Dolores street to point of beginning; and all that portion of the 
city and county of San Francisco bounded as follows: Com¬ 
mencing at the point of intersection of Oak and Fillmore 
streets; thence along the center line of the following named 
streets: Fillmore street to Duboce avenue, Duboce avenue to 
Church street. Church street to Twenty-first street. Twenty- 
first street to Dolores street, Dolores street to Twenty-second 
street. Twenty-second street to Grand View avenue. Grand View 
avenue to Dixie alley, Dixie alley to Burnett avenue, Burnett ave¬ 
nue to Corbett avenue, Corbett avenue to the westerly boundary 
line of the San Miguel rancho; thence along the line of said 
San Miguel rancho northeasterly to Locksley avenue, Locksley 
avenue to Kirkham street; thence along the line of Kirkhajn 
street, if extended, easterly to a point in the easterly boundary 
line of- the San Miguel rancho opposite Seventeenth street; 
thence along said line southerly to Palo Alto avenue, Palo 
Alto avenue to Burnett avenue, Burnett avenue to Clarendon 
avenue. Clarendon avenue to Clayton street, Clayton street to 
Frederick street, Frederick street to Buena Vista avenue, Buena 
Vista avenue to Central avenue, Central avenue to Oak street. 
Oak street to Fillmore street, the place of beginning, and the 
following described portions of the city and county of San 
Francisco, to wit: Commencing at the point of intersection of 
the center line of Bryant avenue with the center line of Twenty- 
first street; thence along the center line of the following named 
streets, to wit: Bryant avenue to Army street. Army street to 
Connecticut street, Connecticut street to Twentieth street, 
Twentieth street to Bryant avenue, Bryant avenue to the point 
of beginning, shall constitute the twenty-first senatorial dis¬ 
trict. 

Senatorial District No. 22. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the intersection of Twenty-first street and Bryant avenue, con¬ 
tinuing thence along the center line of the following named 
streets; Bryant avenue to Eleventh street. Eleventh to Market, 
Market street to Van Ness avenue. Van Ness avenue to Sutter 
street, Sutter street to Laguna, Laguna to O’Farrell, O’Farrell 
street to St. Joseph avenue, St. Joseph avenue to Turk street, 
Turk to Baker, Baker to Oak, Oak to Fillmore, Fillmore to 
Duboce avenue, Duboce avenue to Church street. Church street 
to Twenty-first street. Twenty-first street to San Carlos street, 
San Carlos street to Eighteenth street. Eighteenth street to 
Shotwell street, Shotwell street to Twenty-first street. Twenty- 
first street to Bryant avenue, the place of beginning, shall con¬ 
stitute the twenty-second senatorial district. 

Senatorial District No. 23. All that portion of the city and 
county of San Erancisco bounded as follows: Commencing at 


POLITICAL CODE 


41 


the point of intersection of the center line of Market street 
with the center line of Eleventh street; (thence along the center 
line of the following named streets, to wit: Eleventh street to 
Bryant avenue, Bryant avenue to Twentieth street, Twentieth 
street to the Bay of San Francisco; thence northerly along the 
shore line of said bay to its intersection with the center line 
of Market street; thence along the center line of Market street 
to the point of beginning, and the following described portion 
of the city and county of San Francisco: Commencing at the 
point of intersection of the center line of Twentieth street with 
the center line of Connecticut street; thence along the center 
line of the following named streets, to wit: Connecticut street 
to Army street. Army street to San Bruno avenue, San Bruno 
avenue to the boundary line between the city and county of San 
Francisco and the county of San Mateo; ithence easterly along 
said boundary line to the shore line' of the Bay of San Fran¬ 
cisco; thence northerly along said shore line to its intersection 
with the center line of Twentieth street; thence along the center 
line of Twentieth street to the point of beginning, shall con¬ 
stitute the twenty-third senatorial district. 

Senatorial District No. 24. All that portion of the city and 
county of San Francisco bounded as' follows: Commencing at 
the point of intersection of Dolores and Twenty-ninth streets; 
thence along the center line of the following named' streets, 
to wit: Twenty-ninth to Mission, Mission to Army, Army to 
San Bruno avenue, San Bruno avenue to the boundary line 
dividing the City and county of San Francisco and the county 
of San Mateo; thence along said boundary line westerly to 
San Jose avenue, San Jose avenue to Dolores street, Dolores 
street to Twenty-ninth street, the place of beginning; and all 
that portion of the city and county of San Francisco bounded 
as follows: Commencing at the point of intersection of Twenty- 
second and Dolores streets; thence along the center line of the 
following named streets: Dolores street to San Jose avenue, 
San Jose avenue to the Boundary line dividing the city and 
county of San Francisco and the county of San Mateo; thence 
along said boundary line westerly to the intersection of the 
waters of the Pacific ocean; thence along the shore line of said 
ocean northerly to the Sloat boulevard; thence along Sloat 
boulevard to Corbett avenue, Corbett avenue to Burnett avenue, 
Burnett avenue to Dixie alley, Dixie alley to Grand View 
avenue, Grand View avenue to Twenty-second street, Twenty- 
second street to Dolores street, the place of beginning, shall con¬ 
stitute the twenty-fourth senatorial district. 

Senatorial District ' No. 25. The counties of Ventura and 
Santa Barbara shall constitute the twenty-fifth senatorial dis¬ 
trict. 

Senatorial District No. 26. The county of Fresno shall con¬ 
stitute the twenty-sixth senatorial district. 


42 


POLITICAL CODE 


Senatorial District No. 27. All that portion of the county of 
Santa Clara not included in the twenty-eighth senatorial district, 
as designated and constituted by this section, shall constitute 
the twenty-seventh senatorial district. 

Senatorial District No. 28. All that portion of the county 
of Santa Clara embraced within the following precincts, as 
constituted at the general election in nineteen hundred ten, to 
wit: Agnews, that part of Alameda precinct lying north of the 
center line of Park avenue, Alviso, Berryessa, Burbank, that 
part of Crandalville precinct number one lying outside of the 
city limits of the city of San Jose, as established in 1911, 
Cupertino, East San Jose number two, Fremont, Jefferson, May- 
field, Milpitas numbers one and two. Mountain View numbers 
one and two. Mount Hamilton, Orchard, Palo Alto numbers 
one, two, three, four and five, Purissima, San Jose numbers 
one, two, three, four, five, six, seven, eight, nine, ten, eleven and 
twelve, Santa Clara numbers one, two, three and four, Saratoga, 
Stanford, Stockton, Sunnyvale numbers one and two and Uni¬ 
versity numbers one and two, shall constitute the twenty- 
eighth senatorial district. 

Senatorial District No. ‘29. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the inter¬ 
section of the north patent boundary line of the city of Los 
Angeles with the center line of the Los Angeles river; thence 
southeasterly and southerly along the center line of the Los 
Angeles river and the center line of the official bed of the Los 
Angeles river to its intersection with the center line of North 
Broadway from the east; thence along the center line of the 
following named streets, to wit: North Broadway to Daly 
street, Daly street to Mission road. Mission road to Gallardo 
street, Gallardo street to Macy street, Macy street to Brooklyn 
avenue, Brooklyn avenue to Pleasant avenue. Pleasant avenue 
to First street, First street to Pecan street. Pecan street to 
Fifth street. Fifth street to Gless street, Gless street to Sixth 
street. Sixth street and its extension westerly along the line of 
assembly district number sixty-five, as designated and con¬ 
stituted by section ninety of this code, to the center line of the 
official bed of the Los Angeles river; thence southerly along 
the line last mentioned and the prolongation thereof to the 
south boundary line of the city of Los Angeles; thence westerly 
along the line last mentioned to the center line of Alameda 
street, Alameda street to Twentieth street. Twentieth street to 
Compton avenue, Compton avenue to Twenty-first street. 
Twenty-first street to Central avenue. Central avenue to 
Twenty-first street from the west. Twenty-first street to Maple 
avenue, Maple. avenue to Eleventh street. Eleventh street to 
Wall street. Wall street to Fifth street. Fifth street to Hill 
street. Hill street to Temple street. Temple street to Hill 
street. Hill street to Sunset boulevard. Sunset boulevard to Hill 


POLITICAL CODE 


43 


street, Hill street to Alpine street, Alpine street to Cleveland 
street, Cleveland street to College street, College street to 
Adobe street, Adobe street to Look Out drive. Look Out drive 
to Park Terrace, Park Terrace to Sunset boulevard, Sunset 
boulevard to Echo Park avenue, Echo Park avenue and the 
prolongation thereof to the north patent boifndary of the city 
of Los Angeles; thence easterly along the line last mentioned 
to the place of beginning, shall constitute the twenty-ninth 
senatorial district. 

Senatorial District No. 30. The counties gf San Bernardino 
and Inyo shall constitute the thirtieth senatorial district. 

Senatorial District No. 31. All that portion of the county of 
Los Angeles embraced within and comprising the seventy-first 
and seventy-second assembly districts, as designated and con¬ 
stituted by section ninety of this code, shall constitute the 
thirty-first senatorial district. 

Senatorial District* No. 32. The counties of Kings, Tulare 
and Kern shall constitute the thirty-second senatorial district. 

Senatorial District No. 33. All that portion of the county of 
Los Angeles embraced within and comprising the sixty-eighth 
and seventieth assembly districts, as designated and constituted 
by section ninety of this code, shall constitute the thirty-third 
senatorial district. 

Senatorial District No. 34. All that'portion of the county of 
Los Angeles embraced within and comprising the sixty-second 
assembly district, as designated and constituted by section 
ninety of this code and all that portion of said county bounded 
as follows: Commencing at the intersection of the center line 
of Washington street and Hoover street, in the city of Los 
Angeles; thence along the center line of the following named 
streets, to wit: Hoover street to Pico street, Pico street to 
Hoover street. Hoover street to Carondelet street, Carondelet 
street to Ninth street. Ninth street to Hoover street. Hoover 
street to Seventh street, Seventh street to Vermont avenue, 
Vermont ayenue to Melrose avenue, Melrose avenue to the 
west patent boundary line of said city; thence north along said 
patent boundary line to the northwest corner of said city as 
described in the United States patent; thence east along the 
north patent boundary of said city to the easterly line of that 
portion of Tropico precinct number two annexed to said city 
prior to November 1, 1911; thence northwesterly, westerly and 
southerly following the exterior lines of those portions of 
Tropico precinct numbers one and two, and of Ivanhoe precinct 
so annexed to said city, to the north line of the former city 
of Hollywood, the same being a point in the present north 
boundary line of the city of Los Angeles; thence following the 
boundary line of said city of Los Angeles westerly, southerly, 
westerly, southerly, westerly, southerly, easterly, southerly. 


44 


POLITICAL CODE 


easterly and southerly to the center line of Washington street; 
thence east along said center line to the point of beginning, 
shall constitute the thirty-fourth senatorial district. 

Senatorial District No. 35. All that portion of the county of 
Los Angeles embraced within and comprising the sixty-sixth 
and sixtyminth assembly districts, as designated and constituted 
by section ninety of this code, shall constitute the thirty-fifth 
senatorial district. 

Senatorial District No. 36. All that portion of the county of 
Los Angeles embraced within and comprising the sixty-seventh 
assembly district as designated and constituted by section 
ninety of this code, and all that portion of said county embraced 
within and comprising the sixty-first assembly district, as so 
designated and constituted, excepting therefrom that portion of 
said sixty-first assembly district situate within the city of Los 
Angeles and lying west of the following described lines, to wit: 
Beginning at the intersection of the north patent boundary line 
of said city with the center line of the Los Angeles river; 
thence southeasterly and southerly along the center line of the 
Los Angeles river and the center line of the official bed of the 
Los Angeles river to its intersection with the center line of 
North Broadway from the east, shall constitute the thirty-sixth 
senatorial district. 

Senatorial District No; 37. All that portion of the county of 
Los Angeles described as follows: Beginning at the intersection 
of the center lines of Wall street and Fifth street, in the city 
of Los Angeles; thence along the center line of the following 
named streets, to wit: Fifth street to Hill street. Hill street to 
Temple street. Temple street to Hill street. Hill street to Sunset 
boulevard. Sunset boulevard to Hill street. Hill street to Alpine 
street, Alpine street to Cleveland street, Cleveland street to 
College street. College street to Adobe street, Adobe street to 
Look Out Drive, Look Out Drive to Park Terrace, Park Ter¬ 
race to Sunset boulevard. Sunset boulevard to Echo Park ave¬ 
nue, Echo Park avenue and the prolongation thereof to the 
north patent boundary line of the city of Los Angeles; thence 
west along said boundary line to the northwest corner of said 
city as described in the United States patent; thence south 
along the west patent boundary line of said city to the center 
line of Melrose avenue; thence along the center line of the 
following named streets, to wit: Melrose avenue to Vermont 
avenue, Vermont avenue to Seventh street. Seventh street to 
Hoover street. Hoover street to Ninth street. Ninth street to 
Blaine street, Blaine street to Tenth street. Tenth street to 
Georgia street, Georgia street to Ottawa street, Ottawa street 
to Figueroa street, Figueroa street to Eleventh strpet. Eleventh 
street to Wall street. Wall street to Fifth street, the place of 
beginning, shall constitute the thirty-seventh senatorial district. 


POLITICAL CODE 


45 


Senatorial District No. 38. All that portion of the county of 
Los Angeles bounded as follows : Beginning at the intersection 
of the center line of Alaple street and Eleventh street, in the 
city of Los Angeles; thence along the center line of the follow¬ 
ing named streets, to wit: Eleventh street to Figueroa street, 
Figueroa street to Ottawa street, Ottawa street to Georgia 
street, Georgia street to Tenth street. Tenth street to Blaine 
street, Blaine street to Ninth street. Ninth street to Carondelet 
street, Carondelet street to Hoover street, Hoover street to Pico 
street, Pico street to Hoover' street. Hoover street to Jefferson 
street, Jefferson street to Figueroa street, Figueroa street to 
Vernon avenue, Vernon avenue to McKinley avenue or the 
northerly prolongation of McKinley avenue from the south, Mc¬ 
Kinley avenue and said prolongation, to Fifty-first street. Fifty- 
first street to Central avenue, Central avenue to Fifty-first 
street. Fifty-first street to Hooper avenue. Hooper avenue to 
Fifty-first street. Fifty-first street and the easterly prolongation 
thereof to a point in the easterly boundary line of the city of 
Los Angeles; thence in a northerly direction along said 
boundary line to the southerly charter boundary line of the 
city of Los Angeles where the same intersects the center line 
of Alameda street, Alameda street to Twentieth street, Twen¬ 
tieth street to Compton avenue, Compton avenue to Twenty- 
first street. Twenty-first street to Central avenue. Central ave¬ 
nue to Twenty-first street from the west; Twenty-first street to 
Maple avenue. Maple avenue to Eleventh street the place of 
beginning, shall constitute the thirty-eighth senatorial district. 

Senatorial District No. 39. The counties of Riverside, 
Orange and Imperial shall constitute the thirty-ninth senatorial 
district. 

Senatorial District No. 40. The county of San Diego shall 
constitute the fortieth senatorial district. [Amendment approved 
January 2, 1912; in effect March 24, 1912.] 


46 


POLITICAL CODE 


ASSEMBLY DISTRICTS 
By Counties. 


Counties 

Assembly 

District 

Number 

Alameda 

34 to 41 
Inclusive. 

Alpine 

16 

Amador 

16 

Butte 

7 

Calaveras 

16 

Colusa 

5 

Contra Costa 

18 

Del Norte 

1 

El Dorado 

16 

Fresno 

50-51-52 

Glenn 

5 

Humboldt 

2 

Imperial 

78 

Inyo 

47 

Kern 

56 

Kings 

54 

Lake 

11 

Lassen 

4 

Los Angeles 

61 to 75 
Inclusive. 

Madera 

49 

Marin 

17 

Mariposa 

47 

Mendocino 

6 

Merced 

49 

Modoc 

4 

Mono 

47 

Monterey 

48 

Napa 

11 

Nevada 

9 


Counties 

Assembly 

District 

Number 

Orange 

76 

Placer 

9 

Plumas 

4 

Riverside 

77 

Sacramento 

14 and 15 

San Benito 

48 

San Bernardino 

57 and 58 

San Diego 

79 and 80 

San Francisco 

21 to 33 
Inclusive. 

San Joaquin 

17 

San Luis Obis 

. 53 

San Mateo 

42 

Santa Barbara 

59 

Santa Clara 

44 and 45 

Santa Cruz 

43 

Shasta 

. 3 

Sierra 

4 

Siskiyou 

1 

Solano 

10 

Sonoma 

12 and 13 

Stanislaus 

46 

Sutter 

8 

Tehama 

5 

Trinity 

3 

Tulare 

55 

Tuolumne 

47 

Ventura 

60 

Yolo 

8 

Yuba 

V 

8 














POLITICAL CODE 


47 



SHASTA 


TpfNJTY/-' 3 


PtUMAS- 


BUTIT' 


SL OOR^oo / 

Ifi _ 


SAN FKAHCISCO 

2lto33 V 
INCLUSIVE/ 

~34to4l V 
INCLUSIVE/- 






BCRNAPtOlNO 


iSANSte 


6lto75 

INCLUSIVE, 

























w.. V ' ’ 'X* '■' 

A * 5 ^ 

'' *KV^> V* 


' ' ‘ "i ' ‘\ */• 


v :1 

_ . ,X;.. .-.»i,vS->«. —'^✓\ •'. . '^ ■ \ 


vx 






■jC 


:•;" >.6 ■- • , . ; *;■:/ 

:, •''^ vi;T' 

,4 . x; /':v, ■ :, 


;; --;-v/.Vss> .^, 


'^r Sxvt«.UJ2m 


,-r i-n-..-. i->-, ■ ;;&>>■■ -/ ■ *'''--^ -“'i.y 

•■■: •'•■ , '',v;>v, ,- a c: . ,:.Sii;... .X *' ■•’■■■. ,.-' ■ ,iJ>, : • " '' 



m 


>S' 




►S' / 


s 





POLITICAL CODE 


4f) 


ASSEMBLY DISTRICTS. 


Sec. 90. The state is hereby divided into eighty assembly 
districts, respectively numbered and constituted as follows: 

Assembly District No. 1. The counties of Del Norte and 
Siskiyou shall constitute the first assembly district. 

Assembly District No. 2. The county of Humboldt shall con¬ 
stitute the second assembly district. 

Assembly District No. 3. The counties of Shasta and Trinity 
sdiall constitute the third assembly district. 

Assembly District No. 4. The counties , of Plumas, Lassen, 
Alodoc and Sierra shall constitute the fourth assembly district. 

Assembly District No. 5. The counties of Tehama, Glenn and 
Colusa shall constitute the fifth assembly district. 

Assembly District No. 6. The county of Mendocino shall 
constitute the sixth assembly district. 

Assembly District No. 7. The county of Butte shall consti¬ 
tute the seventh assembly district. 

Assembly District No. 8. The counties of Yuba, Sutter and 
Yolo shall constitute the eighth assembly district. 

Assembly District No. 9. The counties of Nevada and Placer 
shall constitute the ninth assembly district. 

Assembly District No. 10. The county of Solano shall con¬ 
stitute the tenth assembly district. 

Assembly District No. 11. The counties of Napa and Lake 
shall constitute the eleventh assembly district. 

Assembly District No. 12. All that portion of the county 
of Sonoma comprising the following election precincts of nine¬ 
teen hundred and ten, to wit: Bloomfield, Blucher, Bodega, 
Cazadero, Cotati, Dry Creek, Duncan’s Mills, Forestville, Free¬ 
stone, Graton, Healdsburg City number 1 to 4 inclusive, Healds- 
burg Road, Lakeville, Magnolia, Marin, Mendocino, Molino, 
Occidental, Pennsgrove, Petaluma numbers 1 to 7 inclusive, 
East Redwood, West Redwood, Sebastopol numbers 1 and 2, 
Skagg’s Spring, Stewards Point, Table Mountain, Timber Cove, 
Valley Ford, and Wilson, shall constitute the twelfth assembly 
district. 

Assembly District No. 13. All that portion of the county of 
Sonoma not embraced in the twelfth assembly district, shall 
constitute the thirteenth assembly district. 


50 


POLITICAL CODE 


Assembly District No. 14. All that portion of the county of 
Sacramento, composed of that part of the city of Sacramento, 
lyin^ north of the center of “K” street, and east of the center 
of Thirty-first street, and all that portion of said Sacramento 
county included within the boundaries of “American Town¬ 
ship,” “Brighton Township,” “Center Township,” “Granite 
Township,” “Mississippi Township,” “Natoma Township,” and 
“Sutter Township,” as said townships existed on the first day 
of January, 1911, shall constitute the fourteenth assembly dis¬ 
trict. 

Assembly District No. 15. All that portion of the courfty of 
Sacramento not included in the fourteenth assembly district 
shall constitute the fifteenth assembly district. 

Assembly District No. 16. The counties of Amador, El 
Dorado, Alpine and Calaveras shall constitute the sixteenth as¬ 
sembly district. 

Assembly District No. 17. The county of Marin shall consti¬ 
tute the seventeenth assembly district. . 

Assembly District No. 18. The county of Contra Costa shall 
constitute the eighteenth assembly district. 

Assembly District No. 19. All that portion of the county 
of San Joaquin not included in the twentieth district shall con¬ 
stitute the nineteenth assembly dis1;rict. 

Assembly District No. 20. xAll that portion .of the county of 
San Joaquin comprising the city of Stockton shall constitute 
the twentieth assembly district. 

Assembly District No. 21. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of the center line of Market street 
with the center line of Eleventh street; thence along the cen¬ 
ter line of the following named streets, to wit: Eleventh street 
to Bryant avenue, Bryant avenue to Twentieth ^street. Twen¬ 
tieth street to the waters of the Bay of San Francisco; thence 
northerly along the shore line of said bay to its intersection 
with the center line of Market street; thence along the center 
line of Market street to the point of beginning, shall constitute 
the twenty-first assembly district. 

Assembly District No. 22. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of the center line of Twentieth'street 
with the center line of Bryant avenue, continuing thence along 
the center line of the following named streets, to wit: Bryant 
avenue to Army street, Army street to San Bruno avenue, San 
Bruno avenue to the boundary line betw.een the city and county 
of San Francisco and the county of San Mateo; thence easterly 
along said boundary line to the Bay of San Francisco; thence 
northerly along the shore line of the Bay of San Francisco to 
its intersection with the center line of Twentieth street; thence 
along the center line of Twentieth street to the point of be¬ 
ginning, shall constitute the twenty-second assembly district. 


POLITICAL CODE 


51 


Assembly District No. 23. All that portion of the city and 
county-of San Francisco bounded as follows: Commencing at 
the point of intersection of Dolores and Twenty-ninth streets; 
thence along the center line of the following named streets, 
to wit: Twenty-ninth to Mission, Mission to Army, Army to 
San Bruno avenue, San Bruno avenue to the boundary- line 
dividing the city and county of San Francisco and the county 
of San ]\Iateo; thence along said boundary line westerly to 
the center line of San Jose avenue; thence along the center 
lines of the following named streets, to wit: San Jose avenue 
to Dolores street, Dolores "street to Twenty-ninth street, the 
place of beginning, shall constitute the twenty-third assembly 
district. 

Assembly District No. 24. All that portion , of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Twenty-second and Dolores streets, 
thence along the center line of the following named streets, 
to wit: Dolores to San Jose avenue, San Jose avenue to the 
boundary line dividing the city and county of San Francisco 
and the county of San Mateo, thence along said boundary line, 
westerly, to the waters of the Facific ocean, thence along the 
shore line of said ocean northerly, to the Sloat boulevard; 
thence along the center lines of the following named streets, 
to wit: Sloat boulevard to Corbett avenue, Corbett avenue 
to Burnett avenue, Burnett avenue to Dixie alley, Dixie alley 
• to Grand View avenue. Grand View avenue to Twenty-second 
street. Twenty-second street to Dolores, the place of beginning, 
shall constitute the twenty-fourth assembly district. 

Assembly District No. 25. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Eighteenth street and Dolores street, 
continuing along the center lines of the following named streets, 
to wit: Dolores to Twenty-ninth, Twenty-ninth to Mission, 
Mission to Army, Army to Bryant avenue, Bryant avenue to 
Eighteenth street. Eighteenth to Harrison, Harrison to Eight¬ 
eenth, Eighteenth to Dolores, the point of commencement, 
shall constitute the twenty-fifth assembly district. 

Assembly District No. 26. All that portion of the city and 
county of San'Erancisco bounded as follows: Commencing at 
the point of intersection of McAllister and Fillmore streets, 
continuing thence along the center line of the following named 
streets, to wit: Fillmore street to Duboce avenue, Duboce 
avenue to Church street. Church street to Eighteenth, Eight¬ 
eenth to Dolores, Dolores to Twenty-second, Twenty-second 
to Grand View avenue. Grand View avenue to Dixie alley, 
Dixie alley to Burnett avenue, Burnett avenue to Clarendon 
avenue. Clarendon avenue to Clayton street, Clayton to Ash¬ 
bury, Ashbury to Piedmont, Piedmont to Masonic avenue. Ma¬ 
sonic avenue to Java street, Java street to Buena Vista avenue, 
Buena Vista avenue to Central avenue. Central avenue to Oak 


POLITICAL CODE 


52 

street, Oak street to Masonic avenue, Masonic avenue to Mc¬ 
Allister street, McAllister street to Fillmore street, the place 
of beginning, shall constitute the twenty-sixth assembly dis¬ 
trict. 

Assembly District No, 27. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Fulton street and Masonic avenue, 
thence along the center line of the following named streets, 
to wit: Masonic avenue to Oak street. Oak street to Central 
avenue. Central avenue to Buena Vista avenue, Buena Vista 
avenue to Java street, Java street to Masonic avenue. Masonic 
avenue to Piedmont street, Piedmont street to Ashbury street, 
Ashbury street to Clayton street, Clayton street to Clarendon 
avenue. Clarendon avenue to Burnett avenue, Burnett avenue 
to Corbett avenue, Corbett avenue to Sloat boulevard, Sloat 
boulevard to the waters of the Pacific ocean; thence along the 
shore line of said ocean northerly to Fulton street, Fulton street 
to Masonic avenue, the place of beginning, shall constitute the 
twenty-seventh assembly district. 

Assembly District No. 28. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Fulton street and Parker avenue, 
thence along the center line of the following named streets, 
to wit: Parker avenue to California street, California street 
to Maple avenue, Maple avenue to the southerly line of the 
Presidio Reservation; thence westerly along the southerly bound¬ 
ary of the Presidio Reservation to Lobos creek; thence along 
the center line of Lobos creek to the waters of the Pacific ocean; 
thence westerly and southerly along the said shore line to Ful¬ 
ton street, Fulton street to Parker avenue, the point of begin¬ 
ning, together with the islands known as the Farallon islands, 
shall constitute the twenty-eighth assembly district. 

Assembly District No. 29. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of McAllister street and Van Ness 
avenue, thence along the center lines of the following named 
streets, to wit: Van Ness avenue to Market street. Market 
street to Eleventh street. Eleventh street to Bryant avenue, 
Bryant avenue to Eighteenth street. Eighteenth street to Har¬ 
rison street, Harrison street to Eighteenth street, Eighteenth 
street to Church street. Church street to Duboce avenue, Duboce 
avenue to Fillmore street, Fillmore street to McAllister street, 
McAllister street to Van Ness avenue, the place of beginning’- 
shall constitute the twenty-ninth assembly district. 

Assembly District No. 30. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Pine street and Van Ness avenue, 
thence along the center line of the following named streets! 
to wit: Van Ness avenue to McAllister street, McAllister 
street to Masonic avenue. Masonic avenue to Fulton street. 


POLITICAL CODE 


53 


Pulton street to Parker avenue, Parker avenue to California 
street, California street to Presidio avenue, Presidio avenue 
to Pine street. Pine street to Van Ness avenue, the point of 
beginning, shall constitute the thirtieth assembly district. 

Assembly District No. 31. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Pine street and Van Ness Avenue, 
thence along the center line of the following named streets, 
to wit: Van Ness avenue to the bay of San Francisco; thence 
along the shore line of said bay to the waters of the Pacific 
ocean; thence along the shore line of said ocean to Lobos creek; 
thence along the line of said Lobos creek to the southerly 
boundary line of Presidio Reservation; thence along said bound¬ 
ary line to Maple street; Maple street to California street, Cali¬ 
fornia street to Presidio avenue. Presidio avenue to Pine street. 
Pine street to Van Ness avenue, the point of beginning, shall 
constitute the thirty-first assembly district. 

Assembly District No. 32. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Van Ness avenue and Market 
street, continuing along the center line of the following named 
streets, to wit: Van Ness avenue to the waters of the bay 
of San Francisco; thence easterly along the shore line of said 
bay to Jones street, Jones street to Green street. Green street 
to Mason street. Mason street to Ellis street, Ellis street to 
Jones street, Jones street to Market stree.t. Market street to 
Van Ness avenue, the point of beginning, shall constitute the 
thirty-second assembly district. 

Assembly District No. 33. All that portion of the city and 
county of San Francisco bounded as follows: Commencing at 
the point of intersection of Market street and Jones street, 
continuing thence along the center line of the following named 
streets, to wit: Jones to Ellis, Ellis to Mason, Mason to 
Green, Green to Jones, Jones to the waters of the bay of San 
Francisco; thence easterly along the shore line of said bay 
to Market street. Market street to Jones street, the point of 
beginning, and the islands of the bay of San Francisco within 
the city and county of San Francisco, shall constitute the thirty- 
third assembly district. 

Assembly District No. 34. All of that portion of the county 
of Alameda lying easterly of a line described as follows: Be¬ 
ginning at a point where the boundary line between Eden and 
Alameda townships intersects the westerly boundary line of 
Alameda county; thence easterly and northerly along the bound¬ 
ary line of Alameda township to the line dividing Brooklyn 
and Eden townships; thence easterly along the boundary line 
between Eden and Brooklyn townships to the southwesterly 
boundary line of the town of San Leandro; thence northerly 
and easterly along said boundary line to the center of East 
Fourteenth street; thence northwesterly following along the 


54 


POLITICAL CODE 


center line of East Fourteenth street to the center line of AIoss 
avenue, in the city of Oakland; thence northeasterly along the 
center line of Moss avenue and a direct extension of said cen¬ 
ter line to the northeasterly boundary line of the city of Oak¬ 
land ; thence following the said northeasterly boundary line 
of the city of Oakland in a northwesterly direction to its inter¬ 
section with the northeasterly boundary line of the^ county of 
Alameda, shall constitute the thirty-fourth assembly district. 

Assembly District No. 35. All that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the boundary line between Eden and Alameda town¬ 
ships intersects the westerly boundary line of the county of 
Alameda; thence in an easterly and northerly direction along 
the boundary line of Alameda township to the line dividing 
Brooklyn and Eden townships; thence in an easterly direction 
along the boundary line between Eden and Brooklyn town¬ 
ships to the southwesterly boundary line of the town of San 
Leandro; thence northerly and easterly following the said town 
line to the center line of East Fourteenth street; thence north¬ 
westerly following the center line of East Fourteenth street 
and an extension of the same to its intersection with the line 
dividing Brooklyn and Oakland townships, said point being in 
Lake Merritt: thence southwesterly along said township line 
to its intersection with the northerly boundary line of Alameda 
township; thence westerly following along the said northerly 
boundary line of Alameda township to its intersection with the 
westerly boundary line of Alameda county; thence southeasterly 
along said county boundary line to the point of beginning, shall 
constitute the thirty-fifth assembly district. 

Assembly District No. 36. All that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the center line of Thirteenth avenue is intersected by 
the center line of East Fourteenth street in the city of Oak¬ 
land; thence northwesterly along the center line of East Four¬ 
teenth street and an extension of said center line to a point 
where the same intersects the westerly boundary line of Brook¬ 
lyn township, in Lake Merritt; thence northeasterly following 
along the boundary line between Brooklyn and Oakland town¬ 
ships to the southerly boundary line of the city of Piedmont; 
thence easterly, northerly and westerly following the said bound¬ 
ary line of the city of Piedmont to the line dividing Oakland 
and Brooklyn townships; thence northeasterly along said divid¬ 
ing line between Oakland and Brooklyn townships to its inter¬ 
section with the northeasterly boundary line of the City of Oak¬ 
land; thence southeasterly following said city boundary line 
to a point where the same would be intersected by a direct 
extension northeasterly of the center line of Moss avenue; 
thence southwesterly along said extension and along the center 
line of Moss avenue to the center line of East Fourteenth street; 
thence northwesterly along the center line, of East Fourteenth 


POLITICAL CODE 


DO 

Street to the center line of Thirteenth avenue and the point 
of beginning, shall constitute the thirty-sixth assembly district. 

Assembly District No. 37. All of that pQrtion of the comity 
of Alameda described as follows, to wit: Ileginning at a point 
where the center line of llroadway is intersected by the cen¬ 
ter line of Thirteenth street, in the city of Oakland; thence 
southeasterly along the center line of Thirteenth street and a 
direct extension of said center line to its intersection with the 
line dividing Brooklyn and Oakland townships; thence north¬ 
easterly following along the line dividing Trooklyn and Oak¬ 
land townshi])s. to a ])oint in the southerly boundary line of 
the city of Piedmont; thence easterly, northerly and westerly, 
following the southern, eastern and northern boundary line 
of the city of Piedmont to its intersection with the eastern 
boundary line of the city of Oakland, as the same existed prior 
to the annex of 1909; thence northwesterly along the easterly 
boundary line of the city of Oakland, as the same existed prior 
t(J the annex of 1909, to its intersection with the center line 
of Proadway; thence southerly along the center line of Broad¬ 
way to the center line of Fifty-first or Vernon street; thence 
westerly following along the center line of Fifty-first street to 
the center line of Shattuck avenue; thence southerly along the 
center line of Shattuck avenue to the center line of Temescal 
creek; thence westerly down the center of Temescal creek to 
the center of Grove street; thence southerly along the center 
of Grove street to the center of Stin Pablo avenue; thence 
southerly along the center of San Pablo avenue to the center 
of Bro^^idway; thence southerly along the center of Broadway 
to the center of ddiirteenth street, and the point of beginning, 
shall constitute the thirty-seventh assembly district. 

Assembly District No. 38. All of that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the center line of Adeline street is intersected by the 
center line of Twenty-second street in the city of Oakland; 
thence easterly along the center line of Twenty-second street 
to the center line of Grove street; thence southerly along the 
center line of Grove street to the center line of San Pablo ave¬ 
nue ; thence southerly along the center line of San Pablo ave¬ 
nue to the center line of Broadway; thence southerly along 
the center line of P>roadway to the center line of Thirteenth 
street; thence easterly along the center line of Thirteenth street 
and a direct extension of said center line to its intersection 
with the line dividing Brooklyn and Oaklapd townships; thence 
southerly along the line dividing Oakland and Brooklyn town¬ 
ships to the line dividing Oakland and Alameda townships; 
thence westerly along the line dividing Oakland and Alameda 
townships to a point where a direct extension of the center 
line of Adeline street would intersect the same; thence north¬ 
erly along said extension and along the center line of Adeline 
street to the ])oint of beginning, shall constitute the thirty- 
eighth assembly district. 


56 


POLITICAL CODE 


Assembly District No. 39. All of that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the center -line of Adeline street is intersected by the 
center line of Twenty-second street in the city of Oakland; 
thence easterly along the center line of Twenty-second street 
to the center line of Grove street; thence northerly along the 
center line of Grove street to the center of Temescal creek; 
thence westerly down the center of Temescal creek to the 
town of Emeryville; thence westerly and northerly following 
the boundary line of the town of Emeryville to the southerly 
boundary line of the city of Berkeley; thence westerly along 
the southerly boundary line of the city of Berkeley and a direct 
extension of same to its intersection with the westerly bound¬ 
ary line of Alameda county; thence southerly along the westerly 
boundary line of Alameda county to its intersection with the 
line dividing Oakland and Alameda townships; thence easterly 
along the line dividing Oakland and Alameda townships to a 
point where a direct extension of the center line of Adeline 
street would intersect the same; thence northerly along said 
extension and along the center line of Adeline street to the 
center line of Twenty-second street and the point of beginning, 
shall constitute the thirty-ninth assembly district. 

Assembly District No. 40. All of that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the easterly boundary line of the town of Emeryville is 
intersected by the southerly boundary line of the city of Ber¬ 
keley ; thence southerly and easterly along the boundary line 
of the town of Emeryville to a corner thereof, the same being 
in the center of Temescal creek; thence up the center of Temes¬ 
cal creek to the center line of Shattuck avenue; thence north¬ 
erly along the center line of Shattuck avenue to the center line 
of Russell street; thence westerly along the center line of 
Russell street to the center line of Milvia street; thence north¬ 
erly along the center line of Milvia street to the center line 
of Codornices creek; thence westerly down the center line 
of Codornices creek to the easterly boundary line of the town 
of Albany; thence northerly along the easterly boundary line 
of the town of Albany to the northern boundary of the county 
of Alameda; thence westerly and southerly along the northern 
and western boundary line of the county of Alameda to a point 
where said boundary line would be intersected by a direct ex¬ 
tension westerly of the southerly boundary line the city of 
Berkeley; thence easterly along said extension ana along the 
southerly boundary line of the city of Berkeley to the point 
of beginning, shall constitute the fortieth assembly district. 

Assembly District No. 41. All of that portion of the county of 
Alameda described as follows, to wit: Beginning at a point 
where the center line of Shattuck avenue is intersected by the 
center line of Fifty-first street or Vernon street, in the city of 
Oakland; thence easterly along the center line of Fifty-first or 


POLITICAL CODE 


57 


Vernon street to the center line of Broadway; thence north¬ 
easterly along the center line of Broadway to its intersection 
with the northeasterly boundary line of the city of Oakland, 
as the same existed prior to the annex of 1909; thence south¬ 
easterly along said boundary line of the city of Oakland as 
the same existed prior to the annex of 1909 to its intersection 
with the northerly boundary line of the city of Piedmont; thence 
easterly following the northerly boundary line of the city of 
Piedmont to its intersection with the boundary line dividing 
Brooklyn and Oakland townships; thence northeasterly along 
the line dividing Brooklyn and Oakland townships to its inter¬ 
section with the northeasterly boundary line of Alameda county; 
thence northwesterly and westerly following along the county 
boundary line to its intersection with the easterly boundary 
line of the town of Albany; thence southerly along the easterly 
boundary line of the town of Albany to its intersection with 
the center of Codornices creek; thence easterly up the center 
of Codornices creek to its intersection with the center line of 
Milvia street; thence southerly along the center line of Milvia 
street to the center line of Russell street; thence easterly along 
the center line of Russell street to the center line of Shattuck 
avenue; thence southerly along the center line of Shattuck 
avenue to the center line of Fifty-first or Vernon street and 
the point of beginning, shall constitute the forty-first assembly 
district. 

Assembly District No. 42. The county of San Mateo shall 
constitute the forty-second assembly district. 

Assembly District No. 43. The county of Santa Cruz shall 
constitute the forty-third assembly district. 

Assembly District No. 44. .All that portion of the county 
of Santa Clara not included in the forty-fifth assembly district 
shall constitute the forty-fourth assembly district. 

Assembly District No. 45. All that portion of the county 
of Santa Clara embraced within the following precincts, as 
constituted at the general election in 1910, to wit: Agnew, 
that part of Alameda precinct lying north of the center line 
of Park avenue, Alviso, Berryessa, Burbank, that part of Cran- 
dalville precinct number one lying outside of the city limits 
of the city of San Jose, as established in 1911, Cupertino, East 
San Jose number two, Fremont, Jeflferson, Mayfield, Milpitas 
(numbers one and two), Mountain View (numbers one and 
two). Mount Hamilton, Orchard, Palo Alto (numbers one to 
five, inclusive), Purissima, San Jose (numbers one to twelve, 
inclusive), Santa Clara (numbers one to four, inclusive), Sara¬ 
toga, Stanford, Stockton, Sunnyvale (numbers one and two), 
and University (numbers one and two), shall constitute the 
forty-fifth assembly district. 

Assembly District No. 46. The county of Stanislaus shall 
constitute the forty-sixth assembly district. 


58 


POLITICAL <^ODE 


Assembly District No. 47 . The counties of Mariposa, Tuo¬ 
lumne, Mono and Inyo shall constitute the forty-seventh as¬ 
sembly district. 

Assembly District No. 48. The counties of Monterey and 
San Benito shall constitute the forty-eighth assembly district. 

Assembly District No. 49. The counties of Merced and 
Madera shall constitute the forty-ninth assembly district. 

Assembly District No. 50. All that portion of the county of 
Fresno comprising the precincts of Black Mountain, Balfour, 
Barstow, Bryant, Cantua, Central Colony, Coalinga No. 1, 
Coalinga No. 2, Coalinga No. 3, Coalinga No. 4, Coalinga No. 
5, Crescent, Chicago, Fresno Colony, PTwler, Firebaugh, 
Houghton, Huron, Iowa, Jameson, Kerman, Kingsburg, Layton, 
Laguna, Liberty, Lewis Creek, Lucern, Madison, Mendota, 
Monroe, New Hope, Oleander, Panoche, Pleasant Valley, Terry, 
Washington Colony, Wildflower, Warthan, and West Park, 
shall constitute the fiftieth assembly district. 

Assembly District No. 51. All that portion of the county of 
Fresno included in and comprising Fresno City precincts num¬ 
bered one to twenty-five, both inclusive, and the precincts of 
Hedges, Belmont, Arlington and East Fresno, shall constitute 
the fifty-first assembly district. 

Assembly District No. 52. All that portion of the county of 
Fresno not included in the fiftieth and fifty-first assembly dis¬ 
tricts, shall constitute the fifty-second assembly district. 

Assembly District No. 53. The county of San Luis Obispo 
shall constitute the fifty-third assembly district. 

Assembly District No. 54. The county of Kings shall con¬ 
stitute the fifty-fourth assembly district. 

Assembly District No. 55. The county of Tulare shall con¬ 
stitute the fifty-fifth assembly district. 

Assembly District No. 56. The county of Kern shall con¬ 
stitute the fifty-sixth assembly district. 

Assembly District No. 57. All that portion of the county of 
San Bernardino now comprised within the following town¬ 
ships, to wit: Chino, Ontario, Upland, Cucamonga, Etiwanda, 
San Bernardino, Hesperia, Oro Grande, and Barstow, shall 
constitute the fifty-seventh assembly district. 

Assembly District No. 58. All that portion of the county of 
San Bernardino not included within the fifty-seventh assem¬ 
bly district, as fixed and defined in this act, shall constitute the 
fifty-eighth assembly district. 

Assembly District No. 59. The county of Santa Barbara 
shall constitute the fifty-ninth assembly district. 

Assembly District No. 60. The county of Ventura shall con¬ 
stitute the sixtieth assembly district. 

Assembly District No. 61. All that portion of the county 
of Los Angeles included within and comprising the following 
election precincts, and parts of election precincts of nineteen 


POLITICAL CODE 


59 


hundred ten, to wit: La Liebre, Del Sur, Lancaster, Palmdale, 
Acton, Newhall, San Fernando, Chatsforth, Calabasas, Lanker- 
sliim. La Canada, Sunland, Burbank, Glendale City, Eagle Rock, 
Annandale, Hermon, that part of Ivanhoe and of Tropico num¬ 
bers one and two not included within the city of Los Angeles, 
as the boundaries of said city existed November 1, 1911, and 
the following described portion of the city of Los Angeles: 
Beginning at the northeast corner of said city as described 
in the United States patent; thence following the exterior 
boundary line of said city as the same existed November 1, 
1911, north, northeasterly, easterly, northerly and easterly in 
a general northeasterly direction to the extreme northeastern 
corner of said city; thence along the north line of said city 
west, southwest and southerly following such exterior boundary 
line of said city to the north patent boundary thereof; thence 
along the same west to the center line of Alvarado'street; 
thence along the center line of the following named streets, 
to wit: Alvarado street to Sunset boulevard. Sunset boulevard 
to Park Terrace, Park Terrace to Look Out Drive, Look Out 
Drive to Adobe street, Adobe street to Bernardo street, 
Bernardo street to North Broadway, North Broadway (cross¬ 
ing the official bed of the Los Angeles river) to Daly street, 
Daly street to Pasadena avenue, Pasadena avenue to Avenue 
Thirty-five, Avenue Thirty-five to Griffin avenue, Griffin ave¬ 
nue and its extension to the north patent boundary line of said 
city; thence east along said line to the place of beginning, shall 
constitute the sixty-first assembly district. 

Assembly District No. 62. All that portion of the county 
of Los Angeles included within and comprising the following 
election precincts of nineteen hundred ten, to wit: Redondo 
Beach City numbers one and two, Hermosa Beach City, 
Wiseburn, Inglewood City, Freeman, Del Rey, Ocean Park 
City numbers one, two and three, Moneta, Howard, Ballona, 
Cienega, Santa Monica City numbers one, two, three, four, 
five, six, seven, eight and nine, Malibu, National Military 
Home numbers one, two, three, four, five and six, Sawtelle 
City numbers one, two and three, and Sherman, shall con¬ 
stitute the sixty-second assembly district. 

Assembly District No. 63. All that portion of the county 
of Los Angeles bounded as follows; Commencing at the inter¬ 
section of the center lines of Washington and Hoover streets, 
in the city of Los Angeles; thence along the center line of the 
following named streets, to wit: Hoover street to Pico street, 
Pico street to Hoover street. Hoover street to Carondelet 
street, Carondelet street to Ninth street. Ninth street to Hoover 
street. Hoover -street to Benton boulevard, Benton Boulevard 
to Sixth street. Sixth street to Hoover street. Hoover street to 
Occidental boulevard. Occidental boulevard to First street. 
First street to Occidental boulevard. Occidental boulevard to 
Sunset boulevard. Sunset boulevard to Alvarado street, 
Alvarado street to the north patent boundary of said city; 


60 


POLITICAL CODE 


thence along the same east to the easterly line of that portion 
of Tropico precinct number two annexed to said city prior to 
November 1, 1911; thence northwesterly, westerly and south¬ 
erly, following the exterior lines of those portions of Tropico 
precincts numbers one and two, and of Ivanhoe precinct, so 
annexed to said city, to the north line of the former city of 
Hollywood, the same being.a point in the present north 
boundary line of the city of Los Angeles; thence following 
the boundary line of said city of Los Angeles westerly, south¬ 
erly, westerly, southerly, westerly, southerly, easterly, south- 
ly, easterly and southerly to the center line of Washington 
street; thence east along said center line to the point of be¬ 
ginning, shall constitute the sixty-third assembly district. 

Assembly District No. 64. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the inter¬ 
section of Hill and Seventh streets, in the city of Los Angeles; 
thence along the center line of the following named streets, to 
wit: Hill street to Temple street. Temple street to Hill street. 
Hill street to Sunset boulevard, Sunset boulevard to Hill street, 
Hill street to Alpine street, Alpine street to Cleveland street, 
Cleveland street to College street. College street to Adobe 
street, Adobe street to Look Out Drive, Look Out Drive to 
Park Terrace, Park Terrace to Sunset boulevard. Sunset boule¬ 
vard to Occidental boulevard. Occidental boulevard to First 
street. First street to Occidental boulevard. Occidental boule¬ 
vard to Hoover street, Hoover street to Sixth street. Sixth 
street to Benton boulevard, Benton boulevard to Hoover street. 
Hoover street to Seventh street, Seventh street to Hill street, 
the point of beginning, shall constitute the sixty-fourth assem¬ 
bly district. 

Assembly District No. 65. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the inter¬ 
section of the center lines of North Broadway and Daly street, 
in the city of Los Angeles; thence along the center lines of 
the following named streets, to wit: North Broadway (cross¬ 
ing the official bed of the Los Angeles river), to Bernardo 
street, Bernardo street to Adobe street, Adobe street to 
College street. College street to Cleveland street, Cleveland 
street to Alpine street, Alpine street to Hill street. Hill street 
to Sunset boulevard, Sunset boulevard to Hill street. Hill 
street to Temple street, Temple street to Hill street, Hill street 
to Fifth street. Fifth street to Central avenue avenue. Central 
avenue to Sixth street. Sixth street and its easterly extension 
to the intersection with the center line of Gless street, Gless 
street to Fifth street. Fifth street to Pecan street. Pecan 
street to First street. First street to Pleasant avenue. Pleasant 
avenue to Brooklyn avenue, Brooklyn avenue to Macy street, 
Macy street to Gallardo street, Gallardo street to Mission Road, 
Mission Road to Daly street, Daly street to North Broadway, 
the point of beginning, shall constitute the sixty-fifth assembly 
district. 


POLITICAL CODE 


61 


Assembly District No. 66. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the north¬ 
eastern corner of the city of Los Angeles, as the same is 
described in the United States patent; thence westerly along 
the northern patent boundary line of said city to the center line 
of Griffin avenue, or the northerly prolongation thereof; thence 
along the northerly prolongation of said center line and along 
the center line of the following named streets, to wit: Griffin 
avenue to Avenue 35, Avenue 35 to Pasadena avenue, Pasa¬ 
dena aveune to Daly street, Daly street to Mission Road, 
Mission Road to Gallardo street, Gallardo street to Macy street, 
Macy street to Brooklyn avenue, Brooklyn avenue to Pleasant 
avenue, Pleasant avenue to First street. First street to Pecan 
street, Pecan street to Fifth street. Fifth street to Gless street, 
Gless street to Sixth street, Sixth street and its extension west¬ 
erly, along the line of assembly district number sixty-five, as 
constituted and designated by this section, to the center line of 
the official bed of the Los Angeles river; thence southerly 
along said center line and its southerly prolongation to the 
south boundary of said city; thence east along said boundary 
line to the southeastern corner of said city; thence north along 
the east line of said city to the point of beginning, shall con¬ 
stitute the sixty-sixth assembly district. 

Assembly District No. 67. All that portion of the county 
of Los Angeles included within and comprising the following 
election precincts of nineteen hundred ten, to wit; Pasadena 
City numbers one, two, three, four, five, six, seven, eight, 
nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, 
seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two 
and twenty-three, and Altadena, shall constitute the sixty- 
seventh assembly district. 

Assembly District No. 68. All that portion of the county 
of Los Angeles included within and comprising the following 
election precincts, and parts of election precincts of nineteen 
hundred ten, to wit: Claremont City, La Verne, Lordsburg 
City, San Dimas, Pomona City numbers one, two, three, four, 
five and six, Spadra, Azusa, Azusa City, Glendora, Covina, 
Covina City, Rowland, Rivera, Los NietOs, Whittier City num¬ 
bers one, two, three, and four, and all of El Monte precinct 
except that portion thereof lying north of the westerly pro¬ 
longation of the south line of Santa Anita precinct and except 
that portion thereof lying west of the line dividing ranges 
eleven and twelve west, in township one south, San Bernardino 
base and meridian, shall constitute the sixty-eighth assembly 
district. 

Assembly District No. 69. All that portion of the county 
of Los Angeles included within and comprising the following 
election precincts, and parts of election precincts of nineteen 
hundred ten, to wit: Monrovia City numbers one, two and 
three, Duarte, Arcadia City numbers one and two, Sierra 


62 


POLITICAL CODE 


Madre City, Lamanda numbers one and two, Santa Anita, San 
Gabriel, Alhambra City numbers one, two and three, South 
Pasadena City numbers one, two and three, Baird, Belvidere 
numbers one and two, Montebello, Laguna, Fruitland, Vernon 
City, Huntington Park City numbers one and two, that part 
of the precincts of Miramonte and Florence lying east of the 
center line of the right of way of the Long Beach line of the 
Pacific Electric Railway Company, and that part of the pre¬ 
cinct of El Monte lying north of the westerly prolongation of 
the southerly line of Santa Anita precinct and also that part of 
said precinct of El Monte lying west of the line dividing 
ranges eleven and twelve west, in township one south, San 
Bernardino base and meridian, shall constitute the sixty-ninth 
assembly district. 

Assembly District No. 70. All that portion of the county of 
Los Angeles included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of nineteen hun¬ 
dred ten, to wit: Long Beach City numbers one, two, three, four, 
five, six, seven, eight, nine, ten, eleven, twelve, thirteen, four¬ 
teen, fifteen, sixteen, seventeen, eighteen and nineteen, Naples, 
Alamitos, Cerritos, Artesia, Norwalk, La Mirada, East Whittier, 
Downey numbers one and two, Clearwater, Willowbrook, 
Dominguez, Watts City, Compton City, and that part of 
Wilmington precinct which was annexed to the city of Long 
Beach prior to November 1, 1911, shall constitute the seven¬ 
tieth assembly district. 

Assembly District No. 71. All that portion of the county of 
Los Angeles included within and comprising the following 
election precincts, and parts of election precincts of nineteen 
hundred ten, to wit: Catalina, Lomita, Green Meadows, Gar¬ 
dena numbers one and two, all of Wilmington precinct, except 
the part which was prior to November 1, 1911, annexed to the 
city of Long Beach, that part of the precincts of Miramonte 
and Florence lying west of the center line of the right of way 
of the Long Beach line of the Pacific Electric Railway Com¬ 
pany, and Los Angeles City precincts numbers one hundred 
ninety-two, one hundred ninety-three, one hundred ninety-four, 
one hundred ninety-seven, one hundred ninety-eight, one hun¬ 
dred ninety-nine, two hundred, two hundred four, two hun'dred 
five, two hundred six, two hundred seven, two hundred eight, 
two hundred eleven, two hundred thirteen, two hundred eight¬ 
een, two hundred nineteen, two hundred twenty-three, two hun¬ 
dred twenty-four, two hundred twenty-five, two hundred 
twenty-six, two hundred twenty-seven, two hundred twenty- 
eight, two hundred twenty-nine and two hundred thirty, shall 
constitute the seventy-first assembly district. 

Assembly District No. 72. All that portion of the county 
of Los Angeles included within and comprising the following 
election precincts, and parts of election precincts of nineteen 
hundred ten, to wit: Los Angeles City numbers one hundred 


POLITICAL CODP] 


03 


sixty-eight, one hundred sixty-nine, one hundred seventy, one 
hundred seventy-one, one hundred seventy-two, one hundred 
seventy-three, one hundred seventy-four, one hundred seventy- 
five, one hundred seventy-six, one hundred seventy-eight, one 
hundred seventy-nine, one hundred eighty, one hundred eighty- 
one, one hundred eighty-two, one hundred eighty-three, one 
hundred eighty-four, one hundred eighty-five, one hundred 
eighty-six, one hundred eighty-seven, one hundred eighty-eight, 
one hundred eighty-nine, one hundred ninety, one hundred 
ninety-one, that part of Los Angeles City iirecinct number one 
hundred fifty-seven lying south of the center line of Jefiferson 
street, and all of Los Angeles City precinct number one hun¬ 
dred seventy-seven, except that portion thereof bounded by 
the west patent boundary line of the city of Los Angeles, the 
center line of Hoover street (formerly Kingsley street) and 
the center line of AVest Jefiferson street, shall constitute the 
seventy-second assembly district. 

Assembly District No. 73. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the inter¬ 
section of Afain and Washington street, in the city of Los 
Angeles; thence along the center line of the following named 
streets, to wdt: Main street to Jefiferson street, Jefiferson street 
to Figueroa street, Figueroa street to Vernon avenue, Vernon 
avenue to AIcKinley avenue, or the northerly prolongation of 
AIcKinley avenue from the south, McKinley avenue and said 
firolongation to Fifty-first street. Fifty-first street to Central 
avenue. Central avenue to Fifty-first street. Fifty-first street 
to Hooper avenue, Flooper avenue to Fifty-first street. Fifty- 
first street and the easterly prolongation thereof to a point in 
the easterly boundary line of the city of Los Angeles, thence 
in a northerly direction along said boundary line to the 
southerly charter boundary line of the city of T.os Angeles 
where the' same intersects the center line of Alameda street, 
Alameda street to Twentieth street. Twentieth street to Central 
avenue, Central avenue to Washington street, Washington 
street to, Afain street, the point of beginning, shall constitute 
the seventy-third assembly district. 

Assembly District No. 74. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the inter¬ 
section of Fifth and Hill streets, in the city of Los Angeles: 
thence along the center line of the following named streets, 
to wit: Fifth street to Central avenue. Central avenue to Sixth 
street. Sixth street and the extension thereof along the line of 
assembly district number sixty-five, as designated and consti¬ 
tuted by this section, to the center line of the official bed of 
the Los Angeles river; thence southerly along the last men¬ 
tioned line and the prolongation thereof to the south boundary 
line of the city of Los Angeles; thence westerly along said 
boundary line "to the center line of Alameda street, Alameda 
street to Tw^entieth street. Twentieth street to Central avenue, 


64 


POLITICAL CODE 


Central avenue to Washington street, Washington street to 
Hill street, Hill street to Fifth street, the point of beginning, 
shall constitute the seventy-fourth assembly district. 

Assembly District No. 75. All that portion of the county of 
Los Angeles bounded as follows: Commencing at the inter¬ 
section of Seventh and Hill streets, in the City of Los Angeles; 
thence along the center line of the following named streets, 
to wit: Seventh street to Hoover street, Hoover street to Ninth 
street, Ninth street to Carondelet street, Carondelet street to 
Hoover street. Hoover street to Pico street, Pico street to 
Hoover street. Hoover street to Jefiferson street, Jefferson street 
to Main street. Main street to Washington street, Washington 
street to Hill street. Hill street to Seventh street, the point of 
beginning, shall constitute the seventy-fifth assembly district. 

Assembly District No. 76. The county of Orange shall con¬ 
stitute the seventy-sixth assembly district. 

Assembly District No. 77. The county of Riverside shall 
constitute the seventy-seventh assembly district. 

Assembly District No. 78. The county of Imperial shall con¬ 
stitute the seventy-eighth assembly district. 

Assembly District No. 79. All that portion of the county of 
San Diego included within the corporate limits of the city of 
San Diego shall constitute the seventy-ninth assembly district. 

Assembly District No. 80. All that portion of the county of 
San Diego not included in the seventy-ninth assembly district 
shall constitute the eightieth assembly district. [Amendment 
approved January 2, 1912.] 


CONGRESSIONAL DISTRICTS. 

Sec. 117. Division of state into congressional districts. 
The state is divided into eleven congressional districts, which 
shall be designated and constituted as follows: 

Congressional District No. 1. The counties of Del Norte, 
Humboldt, Mendocino, Glenn, Butte, Yuba, Sutter, Marin, 
Colusa, Lake and Sonoma shall constitute the first congressional 
district. 

Congressional District No. 2. The counties of Siskiyou, 
Modoc, Trinity, Shasta, Lassen, Tehama, Plumas, Sierra, 
Nevada, Placer, El Dorado, Amador, Calaveras, Alpine, Tuol¬ 
umne and Mariposa shall constitute the second congressional 
district. 

Congressional District No. 3. The counties of Napa, Yolo, 
Sacramento, Solano, Contra Costa and San Joaquin shall con¬ 
stitute the third congressional district. 



POLITICAL CODE 


65 


Congressional District No. 4. All that portion of the city and 
county of San Francisco comprising the twenty-eighth, thirty- 
first, thirtieth, thirty-second, thirty-third and twenty-first assem¬ 
bly districts, as such districts are constituted by section ninety 
of this code, as amended at the extraordinary session of the 
legislature commencing November 27, 1911, shall constitute 
the fourth congressional district. 

Congressional District No. 5. All that portion of the city and 
county of San Francisco not included in the fourth congres¬ 
sional district shall constitute the fifth congressional district. 

Congressional District No. 6. The county of Alameda shall 
constitute the sixth congressional district. 

Congressional District No. 7. The counties of Stanislaus, 
Merced, Madera, Fresno, Kings, Tulare and Kern shall consti¬ 
tute the seventh congressional district. 

Congressional District No. 8. The counties of San Mateo, 
Santa Clara, Santa Cruz, San Benito, Monterey, San Luis 
Obispo, Santa Barbara and Ventura shall constitute the eighth 
congressional district. 

Congressional District No. 9. All that portion of the county 
of Los Angeles comprising the sixty-first, sixty-fifth, sixty-sixth, 
sixty-seventh, sixty-eighth, sixty-ninth and 'seventieth assembly 
districts, as such districts are constituted by section ninety of 
this code, as amended at the extraordinary session of the legis¬ 
lature commencing November 27, 1911, shall constitute the 
ninth congressional district. 

Congressional District No. 10. All that portion of the county 
of Los Angeles not included in the ninth congressional district 
shall constitute the tenth congressional district. 

Congressional District No. 11. The counties of San Ber¬ 
nardino, Orange, Riverside, San Diego, Mono, Inyo and Im¬ 
perial shall constitute the eleventh congressional district. 
[Amen'dment approved‘January 2, 1912.] 


POLITICAL CODE 


(k; 


CONGRESSIONAL DISTRICTS 
By Counties. 


Counties. 

Congres¬ 
sional Dist. 
Number. 

Counties. 

Congres¬ 
sional Dist. 
Number. 

Alameda . 

. 6 

Orange . 

. 11 

Alpine . 

. 2 

Placer . 

. 2 

Amador . 

. 2 

Plumas . 

. 2 

Butte . 

. 1 ' 

Riverside . 

. 11 

Calaveras . 

. 2 

Sacramento . 

. 3 

Colusa . 

. 1 

San Benito . 

. 8 

Contra Costa . 

. 3 

San Bernardino .. 

. 11 

De Norte . 

. 1 

San Diego . 

. 11 

El Dorado . 

. 2 

San Francisco . 

...4 and 5 

Fresno . 

. 7 

San Joaquin . 

. 3 

Glenn . 

. 1 

San Luis Obispo 

. 8 

Humboldt .. 

. 1 

San Mateo . 

. 8 

Imperial . 

. 11 

Santa Barbara .... 

. 8 

Inyo . 

. 11 

Santa Clara . 

. 8 

Kern . 

. 7 

Santa Cruz . 

. 8 

Kings . 

. 7 

Shasta . 

. 2 

Lake . 

. 1 

Sierra . 

. 2 

Lassen . 

. 2 

Siskiyou . 

. 2 

Los Angeles . 

9 and 10 

Solano. 

. 3 

Madera . 

. 7 

Sonoma . 

. 1 

Marin .. 

. 1 

Stanislaus . 

. 7 

Mariposa . 

. 2 

Sutter . 

. 1 

Mendocino . 

. 1 

Tehama . 

. 2 

Merced . 

. 7 

Trinity . 

. 2 

Modoc . 

. 2 

Tulare . 

. 7 

Mono ... 

. 11 

Tuolumne . 

. 2 

Monterey . 

. 8 

Ventura . 

. 8 

Napa .. 

3 

Yolo 

3 

Nevada . 

. 2 

Yuba . 

. 1 


























































































































POLITICAL CODE 


67 


r 

t 



- 




^cAm«0€/, Jir- 
^^N FIVkHClSCO 


lt«A(SS-t^ 




MeRceo 


INYO 






RiV£R§lbE ' 




uC'.«V 


\ , ^p sty'- I * .5 

l-s: (W^*- 


-vs A^Jc^i'.'v^'V- 

;.:^-.vs*"r.TiC*:tiv«©;wl»5iS 








68 


POLITICAL CODE 


Every four 
years. 


Every two 
years. 


Power to 
alter. 


To issue 

Election 

proclamations. 


LEGISLATIVE OFFICERS. 

Sec. 225. Number and Designation. The legislature con¬ 
sists of: 

1. Forty senators; and, 

2. Eighty members of the assembly. 

Sec. 226. Term of Office. The term of office of a senator 
is four years; of a member of the assembly, two years. 

Sec. 227. Election of Senators. At the general election in 
the year 1908, and every four years thereafter, a senator shall 
be elected in each odd-numbered senatorial district constituted 
in section 78 of this code. At the general election in the year 
1910, and every four years thereafter, a senator shall be elected 
in each even-numbered district constituted in section 78 of this 
code. [Amendment approved March 19, 1907.] 

Sec. 228. Election of Assemblymen. At the general election 
in the year 1908, and every two years thereafter, a member of 
the assembly shall be elected in each of the assembly districts 
constituted by Section 90 of this Code. [Amendment approved 
March 19, 1907.] 

Sec. 229. Change of Precinct Boundaries. Neither Boards of 
Supervisors, municipal officers, nor any other officer or officers, 
shall have the power to alter the boundaries of any township, 
ward, election precinct, or other local subdivision, of any county, 
city and county, city, or town, so as to change the boundaries 
of any senatorial or assembly district as constituted and de¬ 
fined in Chapter II of Title I of Part II of this Code. [Amend¬ 
ment approved March 19, 1907.] 


Of The Governor. 

Sec. 380. Powers and Duties of the Governor. In addi¬ 
tion to those prescribed by the constitution the governor has 
the power and must perform the duties prescribed in this and 
the following sections: 

1. He is to supervise the official conduct of all executive 
and ministerial officers; 

2. He is to see that all offices are filled and the duties thereof 
performed, or in default thereof apply such remedy as the law 
allows; and if the remedy is imperfect, acquaint the legislature 
therewith at its next session; 

3. He is to make the appointments and supply the vacancies 
mentioned in this code; 

10. He must issue and transmit election proclamations, as 
prescribed in title two, of part three, of this code; 

13. He rnay require any officer or board to make special 
reports to him, upon demand, in writing; 



POLITICAL CODE 


69 


Of The Secretary of State. 

Sec. 408. In addition to the duties prescribed by the consti¬ 
tution, it is the duty of the secretary of state: 

8. To certify to the governor the names of those persons 
who have received at any election the highest number of votes 
for any office, the incumbent of which is commissioned by the 
governor. 

Sec. 749. Clerk of the Supreme Court, Election Of. The 
clerk is elected at the same time the governor is elected, and 
holds his office for the term of four years, from and after the 
first Monday in December next succeeding his election. 

Sec. 936. Salaries of Public Officers When Title Is Contested. 
When the title of the incumbent of any office in this state is 
contested by proceedings instituted in any court for that 
purpose, no warrant can thereafter be drawn or paid for any 
part of his salary until such proceedings have been finally 
determined; provided, however, that this section shall not be 
construed to apply to any party to a contest or proceedings now 
pending or hereafter instituted, who holds the certificate of 
election or commission of office and discharges the duties of 
the office; but such party shall receive the salary of such 
office, the same as if no such contest or proceeding was pend¬ 
ing. 


Time of Holding Elections. 

Sec. 1041. General Elections, When Held. There must 
be held throughout the State, on the first Tuesday after the 
first Monday of November, in the year eighteen hundred and 
eighty, and in every second year thereafter, an election, to be 
known as the general election. 

Sec. 1043. Special Elections, When Held. Special elections 
are such as are held to supply vacancies in any office, and are 
held at such times as may be designated by the proper board 
or officer. 

Sec. 1044. Conduct of Municipal Elections. Except in the 
particulars or cases otherwise provided for in the constitution 
or laws of the state or by the provisions of a freeholder charter 
duly adopted or amended pursuant to the constitution of this 
state, all municipal elections, where the same are held separate 
from state elections, and all elections held under the authority 
of Section eight of Article eleven of the constitution, to elect 
boards of freeholders, or to vote upon proposed charters, or 
upon amendments to existing charters, and all other special 
elections including all special elections to vote upon or for or 
against any proposition or question authorized to be submitted 


To certify 

names of 

persons 

receiving 

highest 

number of 

votes. 


Election 

certificate. 


Provision 
for holding. 



70 


POLITICAL CODE 


Rewards for 
violations. 


to a vote, shall be conducted under the provisions of sections 
1044, 1120, 1121, 1133 and 1151 of this code. [Amendment 
approved April 12, 1911.] 


Election Proclamations. 


Sec. 1053. For State Senators and Members of the Assem¬ 
bly, Issued by the Governor. At least thirty days before a 
general election, and whenever he orders a special election to 
fill a vacancy in the office of State Senator or member of 
Assembly, at least ten days before such special election the 
Governor must issue an election proclamation, under his hand 
and the great seal of the state, and transmit copies thereof 
to the Boards of Supervisors of the counties in which such 
elections are to be held. 

Sec. 1054. Governor’s Proclamation, What to Contain. Such 
proclamation must contain: 

1. A statement of the time of election, and of the offices to 
be filled; 

2. An offer of rewards, in the following form: “And I do 
hereby offer a reward of one hundred dollars for the arrest 
and conviction of any and every person violating any of the 
provisions of Title IV, Part I, of the Penal Code; such rewards 
to be paid until the total amount hereafter expended for the 
purpose reaches the sum of ten thousand dollars.” 

Sec, 1055. Copy to Be Published, and Posted by Supervisors. 
The Board of Supervisors, upon the receipt of such proclama¬ 
tion may, in case of general or special elections, cause a copy 
of the same to be published in some newspaper printed in the 
county, if any, and to be posted at each place of election at least 
ten days before the election, and in case of special elections to 
fill a vacancy in the office of State Senator or member of 
Assembly, the Board of Supervisors, upon receipt of such 
proclamation, may, in their discretion, cause a copy of the same 
to be published or posted as hereinbefore provided, except that 
such publication or posting need not be made for a longer 
period than five days before such election. [Amendment ap¬ 
proved April 16, 1880; in effect immediately.] 

Sec. 1056. Proclamations for Special County Elections to Be 
Issued by Board of Supervisors. Whenever a special election 
is ordered by the Board of Supervisors, they must issue an 
election proclamation, containing the statement provided for in 
subdivision one, of section ten hundred and fifty-four, and must 
publish and post it in the same manner as proclamations issued 
by the Governor. 



POLITICAL CODE 


71 


MISCELLANEOUS PROVISIONS. 

Sec. 1066. Plurality to Elect. The person receiving at 
any election a plurality of the votes polled for any office to be 
filled at such election, is elected thereto; provided, that in any 
city, county or city and county which, by its charter, prescribes 
for the election of its officers a higher proportion of votes than 
a plurality, such higher proportion of votes as may be so pre¬ 
scribed shall be necessary for such election; and provided, 
further, that in any municipality organized or incorporated 
under general laws, such higher proportion of votes than a 
plurality as may be prescribed by general law shall be neces¬ 
sary for the election of the officers of such municipality. 
[Amendment approved December 18, 1911; in effect March 
24, 1912.] 

Sec. 1067. Proceedings on a tie vote. If at any election, 
except that for Governor or Lieutenant-Governor, two or more 
persons receive an equal and the highest number of votes, 
there is no choice, and a special election to fill such office must 
be ordered by the proper Board or officer. 

Sec. 1068. Proceedings on a tie vote for Governor and Lieu¬ 
tenant-Governor. In case any two or more persons have an 
equal and highest number of votes for either Governor or 
Lieutenant-Governor, the Legislature must, by a joint vote of 
both houses, choose one of the persons to fill such office. 

Sec. 1069. Electors privileged from arrest, when. Electors 
are privileged from arrest, except for an indictable offense, 
during their attendance on the election, and in going to and 
returning from the same. 

Sec. 1070. Electors exempt from militia duty, when. No 
elector is obligated to perform militia duty on the day of elec¬ 
tion, except in time of war or public danger. 

Sec. 1071. No fees for certificate of registration. No fees 
must be charged for registration or certificates thereof. 

Sec. 1072. Compensation of officers of election. Each mem¬ 
ber upon a Board of Election in any county, or city and county, 
in the State, and each clerk thereof, shall receive as compensa¬ 
tion for his services upon such Board a sum not to exceed ten 
dollars, which sum shall be paid out of the treasury of the 
county, or city and county, in which such persons act. [Amend¬ 
ment approved March 20, 1889.] 


Proportion 
of votes 
necessary 
to elect. 


72 


POLITICAL COLE 


To be 

residents of 
City and 
County for 
five years. 


Sec. 1072a. Election officers, unlawful to assign compensa¬ 
tion until after returns have been sealed. It shall be unlawful 
for any person serving as an election officer, or who has served 
as an election officer at an election, or who has been appointed 
to serve as an election officer at any election, to assign or in 
any manner transfer the compensation which he will receive or 
be entitled to receive, or to have allowed to him for service 
as an election officer at any precinct, to any person, persons 
or corporation, until after the full completion of the election at 
the precinct, or until after the returns of such election from the 
precinct where he served as an election officer, have been sealed 
and delivered to the county clerk or registrar of voters, or post¬ 
master or express agent, as provided by section 1264 of the 
Political Code, and it shall be unlawful for any person, persons 
or corporation, or their agent or servant, to either directly or 
indirectly receive any such assignment or transfer, or pay or 
advance any sum of money whatever, to any such election 
officer or to any person for the use of such election officer, 
until said election returns have been sealed and delivered as 
hereinbefore provided. Any person who shall violate any pro¬ 
vision of this section shall be guilty of a misdemeanor., [New 
section approved May 1, 1911.] 

Sec. 1073. Supervisors to have blanks prepared. The neces- 
sary printed blanks for poll-lists, tally-lists, lists of voters, oath, 
and returns, together with envelopes in which to inclose returns, 
must be furnished by the County Clerk to the officers of each 
election precinct at the expense of the county. [Amended April 
28, 1915.] 


COUNTY, CITY, AND CITY AND COUNTY BOARDS OF 
ELECTION COMMISSIONERS. 

Sec. 1075. Board of Election Commissioners. The Board of 
Supervisors of each county is ex officio the Board of Election 
Commissioners in and for the county, and the common council, 
or other governing body of a city, is ex officio the Board of 
Election Commissioners in and for such city; provided, that 
in any city and county of this state having four hundred 
thousand or more inhabitants as shdwn by the last federal 
census, the Board of Election Commissioners shall consist of 
four persons, citizens and electors of such city and county, 
each of whom must be a freeholder, and have been an actual 
resident of said city and county at least five years preceding 
his appointment, who shall be appointed by the Mayor; pro¬ 
vided,^ that the respective executive committees of the State 
committees of either of the political parties who may be entitled 
under the provisions of this act to have members of their party 



POLITICAL CODE 


appointed as members of said Board of Election Commissioners, 
shall have the right, within ten days after such appointment, 
to file with the Mayor a written protest against the appoint¬ 
ment of a member of said Board of Election Commissioners, 
as having been appointed as one of affiliation with said party, 
on the grounds that said appointee is not a person of well- 
known affiliation and standing with said party from which he 
has been appointed; and the Mayor thereupon shall make an¬ 
other appointment in the place of the party against whom the 
protest has been filed. The members of said commission 
shall be ineligible to any other office or public employment, 
elective or appointive, during the term for which they have 
been appointed and for one year thereafter. Two of the per¬ 
sons so appointed shall be selected from the body of citizens 
and electors of such city and county, of known affiliation with 
and belonging to the political party or organization which at 
the last presidential election held in such city and county, 
polled within said city and county, the highest number of votes 
cast for the candidates of the political party for presidential 
electors at such election; and the two remaining members of 
said board shall be selected from the body of electors of such 
city and county, of known affiliation with and belonging to the 
political party which, at the last presidential election held at 
such city and county, polled within such city and county, the 
next highest number of votes cast for the candidates for presi¬ 
dential electors of a political party. 

The members of said commission shall, every two years, 
choose one of their number as chairman; in the event of their 
failure to select a chairman in five ballots, the oldest of said 
members in point of years shall be chairman. 

The persons first appointed as such Board of Election Com¬ 
missioners shall be appointed on the first Monday of July, 
eighteen hundred and ninety-five, and shall each hold their 
office for the term of four years from and after the date of their 
appointment, except that of those first appointed, two (one be¬ 
longing to each political party or organization as aforesaid), 
to be designated by the Mayor, shall retire at the end of two 
years, when their successors shall be appointed by the Mayor. 

Whenever any vacancy shall occur in the said board, such 
vacancy shall be filled by appointment as herein prescribed, 
and the persons so appointed to fill such vacancy shall be 
selected in the same manner and from the same political party 
or organization with which his predecessor in office affiliated 
and belonged at the time of his appointment thereto, and shall 
hold office for the balance of the unexpired term to which he 
was appointed. 

The salary of each member of the Board of Election Com¬ 
missioners in and for a city and county, having four hundred 


Who ap¬ 
pointments 
are made by 
when protest 
is filed. 


Appoint¬ 
ments, who 
are 

entitled to. 


Chairman, 
when chosen. 


When ap¬ 
pointment 
is made and 
term of 
office. 


Vacancies 
on Board, 
how filled. 


Salaries. 


74 


POLITICAL CODE 


To supervise 
elections. 


Clerk not to 
engage in 
other 
business. 


Oath of 
office. 


thousand or more inhabitants as shown by the last federal cen¬ 
sus shall be seven hundred and fifty dollars per annum, payable 
in equal monthly installments, out of the treasury of such city 
and county, in the same manner as the salaries of other officers 
of said city and county, are paid. [Amendment approved April 

Sec. 1076. Powers of Commissioners. The Board of Elec¬ 
tion Commissioners, as provided for in this article, shall, within 
their respective counties, cities, or cities and counties, be in¬ 
vested with and shall exercise all the powers conferred, and 
shall discharge and perform all the duties imposed by this code 
or by any law of this state, upon Boards of Supervisors of the 
several counties, or upon the common council or other gov¬ 
erning body of cities, or upon any other board or body, in 
respect to the conduct, control, management, and supervision 
of elections, and all matters pertaining to elections held within 
the respective counties, cities, or cities and counties, as the 
same are now or may be hereafter prescribed by law. 

Sec. 1077. Clerk of Board of Election Commissioners. The 
County Clerk is ex officio clerk of the Board of Election Com¬ 
missioners of the county, and the clerk or secretary of the 
common council or other governing body of a city is ex officio 
the clerk and secretary of the Board of Election Commissioners 
of the city; provided, that in cities and counties of this state 
having four hundred thousand or more inhabitants, the Board 
of Election Commissioners shall appoint a suitable person, not 
one of their own number, to act as secretary at a salary not to 
exceed two hundred and fifty dollars per month, payable in 
the same manner as the salaries of the commissioners are paid. 
Such secretary shall hold his office during the pleasure of the 
said board. 

The secretary of the Board of Election Commissioners shall 
not, during the term of his office, engage in any other calling 
or trade, or profession or employment, and shall be ineligible 
to be a candidate or delegate to any convention which shall 
nominate candidates for office, and he shall be ineligible to 
be voted for for any office while acting as such secretary; and 
if these provisions of the law are not obeyed, it shall be the 
duty of the Board of Election Commissioners forthwith to de¬ 
clare his place vacated, and the vacancy shall be filled in the 
same manner and terms as provided for in the original appoint¬ 
ment. 

Each member of the Board of Election Commissioners, and 
the secretary elected by said Board of Election Commissioners, 
shall, within fifteen days after receiving notice of their ap¬ 
pointment, take the usual oath of office before any judge of 
the superior court of said city and county, and said oaths of 
office shall be filed with the County Clerk of said city and 
county. 


POLITICAL CODE 


75 


The Board of Election Commissioners shall have the power 
to appoint all deputies, and such clerks as may be necessary, 
and to fix their salaries at the time of their employment. All 
deputies and clerks thus appointed shall be equally divided 
between the representatives of the political parties that polled 
the highest and the next to the highest number of votes at the 
preceding presidential election. The salaries of all deputies and 
clerks that may be appointed by said Board of Election Com¬ 
missioners shall be payable in equal monthly installments out 
of the treasury of said city and county, in the same manner 
as the salaries of other officers of such city and county, are 
paid. 

The members of the Board of Election Commissioners, the 
secretary of the Board of Election Commissioners, all deputies 
and clerks appointed by the Board of Election Commissioners, 
and all election officers, shall have the power to administer 
oaths; and any false oaths taken before them, or either of 
them, shall be deemed to be perjury, and the person so con¬ 
victed thereof shall be punished according to law. [Amend¬ 
ment approved April 7, 1911.] 

Sec. 1078. Duties of Clerks. The County Clerk of each 
county, and the clerk or secretary of the common council of 
a city, shall, within their respective counties or cities, exercise 
all the powers conferred, and shall discharge and perform all 
the duties imposed by this code, or by any law of this state, 
upon such officers in respect to the conduct, management, 
and supervision of elections, and matters pertaining to elec¬ 
tions, held within the respective counties or cities, as the same 
are now or may be hereafter prescribed by law; 

Provided, that in any city and county having four hundred 
thousand or more inhabitants, the secretary of the Board of 
Election Commissioners, under the direction of the Board of 
Election Commissioners, shall exercise all the powers con¬ 
ferred and shall discharge and perform all the duties imposed 
by this code, or by any law of this state, upon the ^County 
Clerk or any other officer in such cities and counties, in re¬ 
spect to the conduct and supervision of matters relating to 
elections held within such cities and counties, as the same are 
now or may be hereafter prescribed by law. [Amendment ap¬ 
proved April 7, 191 l.j 

Expenditures in respect to elections. 

Sec. 1079. Whenever the clerk, secretary or any other officer of 
a county, or city, which at the last general State election before 
this amendment had a registration of over one hundred and 
twenty-five thousand voters, or of any city and county, is charged 
with the performance of any official duty, in respect to elections, 
which involves the expenditure of public moneys, such expendi¬ 
tures shall be subject to the control and supervision of the Board 


Deputies and 
clerks, power 
of appointing. 


Powey to 
administer 
oaths. 


In cities 
and counties 
having 
population 
of 400,000. 


76 


POLITICAL CODE 


Time of 
residence 
required. 


of Election Commissioners; and when any printing or other serv¬ 
ice is to be performed, or materials are to be furnished, the 
amount of which in the aggregate shall exceed the value of five 
hundred dollars, it shall be the duty of the Board of Election 
Commissioners to invite proposals for the work, or the furnishing 
of the materials, and to let the contract for the same to the lowest 
responsible bidder therefor, in the same manner and upon the 
same conditions as is required in the letting of contracts for 
doing other and similar work or furnishing other and similar ma¬ 
terials, for such county, city or city and county purposes; pro¬ 
vided, that no such proposal or bid shall be required for the con¬ 
tract to print ballots or the printed index of the precinct registers, 
or the tally lists, if, in the judgment of the County Clerk or 
Registrar of Voters, the time within which such ballots or index 
must be had does not reasonably admit of such proposal and 
bid, or where an emergency requires the immediate performance 
of a duty relating to the management or conduct of an election 
and delay in the performance of such duty might imperil the 
holding of the election at the time and in the manner provided 
by law; and provided, further, that in any consolidated city and 
county having a freeholder charter providing for a system of 
Civil Service, the Election Commission may make appointments 
of persons to perform work or service as laborers, mechanics, 
artisans or machinists in accordance with the provisions of such 
Civil Service, and provide for proper compensation therefor, 
whenever service of such nature is found necessary with respect 
to any election or elections. [Amended April 12, 1911; Amended 
April’28, 1915.] 


QUALIFICATIONS AND DISABILITIES OF ELECTORS. 

Sec. 1083. Qualifications of electors. Every native citizen 
of the United States, every person who shall have acquired 
the rights of citizenship under or by virtue of the treaty of 
Queretaro, and every naturalized citizen thereof, who shall 
have become such ninety days prior to any election, of the age 
of twenty-one years, who shall have been a resident of the 
state one year next preceding the election, and of the county 
in which he or she claims his or her vote ninety days, and in 
the election precinct thirty days, and who has conformed 
to the law governing the registration of voters, shall be 
a qualified elector at any and all elections held within the 
county, city and county, city, town, or district within which 
such elector resides. [Amendment approved May 22, 1913.] 

By the new Constitution (Article 2, Section 1), residence in 

.election precinct for thirty days 

preceding the election is just as essential a condition of the right 
to vote as is residence in the county for ninety days, and in the 
State for one year. f83 Cal., 70,1 




POLITICAL CODE 


77 


Sec. 1083a. Wherever, by the Constitution or laws of this 
State, any initiative, referendum, recall or nomination petition or 
paper, or any petition or paper, is required to be signed by 
qualified electors, only an elector who is a registered qualified 
elector at the time he signs such petition or paper shall be en¬ 
titled to sign the same, and no elector shall be entitled to sign 
any such petition or paper on or after the first day of January 
of an even-numbered year unless he shall, on or since said first 
day of January, have made an affidavit of registration as re¬ 
quired by law. Such signer shall at the time of so signing such 
petition or paper affix thereto the date of such signing. Wher¬ 
ever, by the Constitution or laws of this State, the County Clerk 
or Registrar of Voters is required to determine from the records 
of registration what number of qualified electors have signed 
such petition or paper, he shall determine that fact with respect 
to the purported signature of any person from the affidavit of 
registration, and records relating thereto, current and in effect at 
the date of such signing of such petition or paper. [Approved 
May 27, 1913. Amended April 28, 1915.] 

Sec. 1083b. Whenever the County Clerk or Registrar of 
Voters is required by law to examine the signatures upon any 
nomination paper or petition of any candidate for a municipal 
office, he is hereby empowered to employ the necessary help for 
said examination to be paid by such municipality a sum not to 
exceed three dollars per day for each person so employed in such 
examination. [Approved April 28, 1915.] 

Sec. 1084. Persons not entitled to vote. No native of 
China, no idiot, insane person, or person convicted of any in¬ 
famous crime, and no person hereafter convicted of the em¬ 
bezzlement or misappropriation of public money, shall ever 
exercise the privileges of an elector. 


REGISTRATION 

Sec. 1094. There shall be, in each even-numbered year to con¬ 
tinue for two years, except as hereinafter provided, in each county, 
and city and county of the State, a new and complete registra¬ 
tion of the voters of such county or city and county, who are 
entitled thereto. Such registration shall begin on the first day 
of January of such years, and shall be in progress at all times ex¬ 
cept during the thirty days immediately preceding any election, 
when it shall cease for such election as to electors residing in the 
territory within which such election is to be held; and transfers 
of registration for such election may be made from one precinct 
to another precinct in the same county or city and county at any 
time when such registration shall be in progress in the precinct 
to which the elector seeks to transfer; provided, that where any 
general or special municipal election, or any other special elec¬ 
tion, including any primary election and all special elections to 


Signatures to 
referendum, 
initiative and 
recall peti¬ 
tions. 


Examination 
of petitions by 
whom paid. 


Registration 
every two 
years. 



78 


POLITICAL CODE 


When affida¬ 
vits are 
deemed 
canceled. 


When registra 
tion is had 
outside main 
office. 


vote for officers, or upon or for or against any proposition or 
question authorized to be submitted to a vote, is held on or after 
the first day of January and before the first day of April of any 
even-numbered year, the original affidavits of registration and 
indexes used in the last general state election in any county or 
city and county in this state, together with the original affi¬ 
davits of registration since the last election, and supplemental 
indexes, showing all additional registrations, changes and correc¬ 
tions made since the registration for the last general election, 
completed to and including the thirty-first day prior to said 
election then being held, may be used at such election to deter¬ 
mine the persons entitled to vote thereat. All affidavits of reg¬ 
istration made prior to the first day of January of any even- 
numbered year shall be deemed canceled upon said day except 
for the sole purpose of being used as hereinbefore stated at elec¬ 
tions held thereafter and before the first day of April of that 
year, and shall on said last mentioned day be deemed canceled for 
all purposes. The board having charge and control of elections 
in each county or city and county, may provide by resolution, 
for the registration of voters in their respective precincts, by 
the officer charged with the registration of voters, and may 
also provide by resolution for the registration of voters at speci¬ 
fied times and places, other than the office of the county clerk 
or registrar of voters, deemed most convenient to large numbers 
of voters, without reference to respective or particular precincts, 
in such a manner that the affidavits of registration as provided by 
law may be taken at such time and place, of any voter within the 
county who is entitled to register therein ; provided, however, that 
in any city and county where the registration at the last preced¬ 
ing presidential election exceeded eighty-five thousand, no regis¬ 
tration outside of the main office of the officer charged with the 
registration of voters shall be had except that which is without 
reference to particular precincts as last specified herein; and 
provided, further, that in any such city and county such regis¬ 
tration without regard to particular precincts outside of the main 
office of the officer charged with the registration of voters, must 
be had in at least one place in each assembly district in such city 
and county for a period of not less than five days, exclusive of 
Sundays, next immediately preceding the close of registration 
for the August primary election provided for by state law, and 
said registration places shall be and remain open at least from 
ten o'clock a. m. to ten o’clock p. m. of each of said days: 
provided, further, that any registration which may be made at 
the main office for registration in any such city and county may 
be made in any of the places provided for registration in the 
assembly districts therein; and provided, further, that such other 
places of general registration, in addition to and other than 
lihose above specified, shall be provided in any such city and 
county as may be necessary for the proper and full registration 
of the voters thereof and such places of registration shall be 
provided at such times, for such length of time, and in such 


POLITICAL CODE 


79 


places as the board having control of registration in any such 
city and county may provide. Upon the written request of the 
officer charged with the registration of voters, which request 
said officer shall make upon petition from any ten electors of the 
county, such petition to specify the premises from which lists are 
desired, every landlord or keeper of premises where lodgers abide, 
shall furnish said officer a list of all lodgers occupying rooms, or 
sleeping ‘apartments, or beds in the premises under his or her 
or its control. Such lists shall be furnished upon blanks pro¬ 
vided by said officer. Any landlord or keeper of premises where 
lodgers abide, who neglects or refuses to comply promptly with 
the provisions of this section or who furnishes a false list of such 
lodgers, shall be guilty of a misdemeanor. All lists so returned 
shall be kept on file in the office of the officer receiving same, 
open to public inspection. It shall be the duty of said officer 
to compile a list of such persons, if there are any, who are regis¬ 
tered as residing in any of these premises and whose names are 
not returned in the lists furnished by the landlord or keeper 
thereof. At least three days before the date of the next succeed¬ 
ing election, in any precinct where such premises are located, 
said officer shall send by registered mail to the inspector of elec¬ 
tion in said precinct a certified copy of the list he has thus 
prepared, with instructions to challenge the vote of each and all 
such persons if offered at the election, under subdivision five of 
section twelve hundred thirty of the Political Code. Whenever 
in the laws of this state the word “register” or “great register” 
is used with relation to elections, it shall be deemed to mean 
and include the relative and proper affidavits of registration, or 
both thereof, prepared and bound by the county clerk or registrar 
of voters. [Amended April 28, 1915.] 

Sec. 1095. Affidavit of registration. In the affidavits of 
registration the Clerk must, as hereinafter provided, enter in 
duplicate the names of the qualified electors of the county, and 
the provisions of section one thousand and ninety-six of this 
Code are hereby declared to be mandatory. Any officer charged 
with the registration of voters who neglects or refuses to make 
all the entries provided for in section one thousand and ninety- 
six of the Political Code, or neglects or refuses to take the 
oath of the voter applying to him for registration in respect 
to the same, shall, upon conviction, be deemed guilty of a mis¬ 
demeanor for each and every such omission. [Amendment 
approved April 12, 1911.] 

Sec. 1095a. Affidavits. The clerk, or other person charged 
with the registration of voters, must provide blank forms for 
the affidavits of registration, which forms shall be bound to¬ 
gether in books or pads of one hundred sheets each, and con¬ 
sist of originals and duplicates. Each original shall be at¬ 
tached to a stub by a perforated line, and each original and 
duplicate shall bear a distinctive number, which shall be in 
addition to the registration number of the voter. Said num- 


Lists where 
lodgers abide. 


List to In¬ 
spectors for 
challenge. 


Names of 
electors to 
be entered in 
duplicate. 


Description of. 


80 


POLITICAL CODE 


How 

numbered. 


Deputies to 
receipt for, 
and be 
charged 
with same. 


Spoiled 
affidavits of 
registration. 


Accounting 
for blanks 
at close of 
registration, 


ber shall appear on the original and duplicate sheets, and 
also on the stub to which they are attached, and the number¬ 
ing shall begin with 1 and continue in a sequence until all of 
the blanks provided shall be numbered. The numbering shall 
begin anew with each registration. The stubs shall contain a 
line for the name, and spaces for the address and precinct of 
the person registered. Each deputy clerk, deputy registrar, or 
registration clerk shall receipt to the clerk or registrar for all 
books or pads issued to him, specifying the numbers of the 
affidavits received by him, and he shall be charged with the 
same until he returns and files the same. When an elector is 

registered, his name, address, and precinct shall be noted on 

the stub attached to the original, and if for any cause the 

affidavit is spoiled in the course of making it out, or a mistake 

therein is made, the same must not be removed from the pad, 

or book, but the name of the elector for whom it was in¬ 

tended, with his address and precinct must be entered on the 
stub, as in other cases, and in stubs and affidavits each marked 
with the word ‘‘Spoiled” in red ink. When the registration for 
any election is closed, all deputies or registration clerks must, 
immediately thereafter, return all affidavits of registration, 
and all books or pads in their possession containing stubs, 
spoiled, or unused affidavit blanks; and within ten days after the 
close of such registration the clerk, or registrar of voters must 
report to the district attorney of the county, or city and 

county, under oath, the names of his deputies, if any, who 

have not complied with the provisions of this section; and it 
shall be the duty of the district attorney to forthwith begin 
a criminal prosecution against such deputies or registration 
clerks as shall not have complied with the provision's of this 
section. Any deputy, or person having charge of affidavits of 
registration, who shall wilfully, or by gross carelessness, 
neglect, fail, or refuse to comply with the provisions of this 
section shall be guilty of a misdemeanor. 

Affidavit of registration, what it must show. 

Sec. 1096. The affiant making the affidavit of registration 
must be at least twenty-one years of age at the time of the next 
succeeding election; a citizen of the United States ninety days 
prior to such election; a resident of the state one year, of the 
county ninety days, and of the precinct thirty days next preced¬ 
ing such election and the affidavit must show such facts. It 
shall also show: 

1. The name at length, including Christian or given name, 
and middle name, or initial, if any, said Christian or given name, 
if the name of a woman, to be preceded in all cases by the designa¬ 
tion of Miss or Mrs., as the case may be. 

2. The place of residence and postoffice address with sufficient 
particularity to identify the same and determine therefrom the 
voting precinct of such affiant. If the elector be not the pro¬ 
prietor or head of the house, or the wife or husband of such pro- 


POLITICAL CODE 


81 


prietor, then it must show upon what floor thereof, and what 
room such elector occupies in such house. 

3. The occupation of affiant. 

4. The height of affiant in feet and inches. 

5. The country or state of nativity of affiant. 

6. If foreign born, how citizenship was acquired; whether by 
citizenship of father, by provisions of a treaty or act of Congress, 
by order of a court of naturalization, by marriage to a citizen, by 
naturalization of a parent or husband, or otherwise. The date 
or year when, and the place or state where affiant became a citi¬ 
zen, shall be shown, except in the case of citizenship acquired 
by citizenship or naturalization of parents, by treaty, or by act 
of Congress. When citizenship depends upon the citizenship or 
naturalization of parent or husband the name of such parent or 
husband shall appear. 

7. The fact whether or not the elector desiring to be regis¬ 
tered is able to read the constitution in the Engilsh language 
and to write his or her name, and whether or not the elector has 
any physical disability, by reason of which he or she cannot mark 
the ballot; and if he or she cannot mark the ballot by reason of 
physical disability, then the nature of such disability must be 
entered. The affiant, if able to write, shall sign such affidavit 
with his or her customary signature and the County Clerk or 
Registrar before whom such affidavit is made shall insert therein 
the date of such affidavit, which shall be the date of the jurat. 
[xAmended April 28, 1915.] 


QUALIFICATIONS FOR REGISTRATION. 

Sec. 1097. Subdivision 1. No person shall be registered as 
an elector except by affidavit of registration. Such affidavit 
must be made before the County Clerk or officer charged with 
the registration of voters, or their deputy or registration clerk, 
and shall set forth all the facts required to be shown in sections 
one thousand and ninety-six and one thousand and ninety-seven 
of the Political Code. If an elector is absent from the county in 
which he or she claims residence, he or she may appear before 
any judge or clerk of any court of record, or notary public or if 
in a foreign country, before any minister, consul, or vice-consul 
of the United States, and may make and subscribe an affidavit 
as to his or her residence, specifying in what ward or precinct 
he or she claims residence; that he or she will be necessarily and 
unavoidably absent from said county, or city and county, on all 
the days allowed by law for general registration of electors, and 
setting forth in such affidavit each and all the matters required 
by sections one thousand and ninety-six and one thousand and 
ninety-seven of the Political Code ctf the State of California, and 
forward such affidavit, in duplicate, duly authenticated as above, 
by mail, enclosed in an envelope addressed to the County Clerk 
of any county, or the Registrar of Voters in any county or city 
and county, in which he or she claims to be an elector. Upon 



82 


POLITICAL CODE 


Foreign born. 


By citizen¬ 
ship of 
father. 


By virtue of 
naturalization 
of parent. 


By virtue of 
marriage to 
a citizen. 


By natural¬ 
ization of 
husband. 


receipt of such affidavit by such Clerk or Registrar of Voters 
within the time allowed by law for registration, the said affidavit 
shall be entered and bound by the Clerk in the proper register 
in such precint. 

Sub. 2. No foreign born person shall be registered unless: 

a. If a naturalized citizen, upon the production of his or her 
certificate of naturalization or upon the production of a certifi¬ 
cate of registration in the county of his or her last residence in 
the state, showing the date and place of naturalization, or upon 
his or her affidavit stating date and place of naturalization; pro¬ 
vided, that any person registering for the first time in the state 
must produce his or her certificate of naturalization. 

b. If a citizen by virtue of his or her father being a citizen 
at the time of his or her birth, upon his or her sworn statement 
that his or her father was a citizen of the United States at the 
time of his or her birth and has been a resident thereof. Such 
statement need not be noted in full upon the affidavit of registra¬ 
tion, but the words “I acquired citizenship by the citizenship of 
my father (naming him)” shall be sufficint. 

c. If a citizen by virtue of the naturalization of his or her 
parent, upon his or her affidavit that he or she became a citizen 
by such naturalization of his or her parent, naming such parent, 
that such naturalization took place during his or her minority 
and that he or she began to reside permanently in the United 
States while such minor child. Such statement need not be noted 
in full upon the affidavit, but the words ‘‘I acquired citizenship 
by my father’s (or mother’s) naturalization” as the case may be, 
naming him or her, shall be sufficient. 

d. If a citizen by virtue of marriage to a citizen, the date and 
place of such marriage shall be entered upon the affidavit of reg¬ 
istration, together with the name of the husband. 

e. If a citizen by virtue of the naturalization of her husband 
the date or year and place of such naturalization together with 
the name of the husband shall be entered. 

Sub. 3. In every case the affidavit of the party must show all 
the facts required to be stated. The Clerk or Registrar of Voters 
may cause to be written or printed upon the margin of the affi¬ 
davit, in addition to any matter hereinafter provided for, all such 
words as are deemed necessary or convenient for the purpose of 
designating the precinct, district or political subdivision for 
which such affidavit is taken, or deemed necessary or convenient 
to indicate any removal or transfer of registration, and also any 
date or memorandum deemed necessary or convenient to indicate 
the number of the ballot voted by an elector as provided by sec¬ 
tion 1204 of the Political Code, or any other reasonable memor¬ 
anda deemed necessary or convenient for the purpose of enabling 
such Clerk or Registrar of Voters to perform his duties in the 
assorting or classification or handling of such affidavits with 
correctness and dispatch. Wherever in the following form of 
affidavit the word “county” is inserted, if the affidavit is for the 
use in a city and county, such last mentioned words may be 


POLITICAL CODE 


83 


printed or written in lieu of said word “county.” In connection 
with the place of residence the affidavit may have printed either 
the word “precinct” or the word “street” or the word “avenue,” 
or any or all of such words as the Clerk or Registrar of Voters 
shall deem most convenient in practical use for the territory in 
which such affidavits are to be used. In designating the residence 
of the voter or the postoffice address it shall not be necessary in 
either case to repeat the county or city and county or state where 
the name of said county or city and county or state previously 
appear. In connection with the statement regarding the citi¬ 
zenship of affiant, the affidavit may have printed in brackets 
statements of the various methods of acquiring citizenship, and 
it shall be sufficient to underline, or otherwise mark, with pen 
and ink, or indelible.pencil, that statement applicable to the par¬ 
ticular affiant. The words printed in the body of the affidavit, 
which by reason of statements of the voter are not applicable to 
such registration, shall not be deemed a portion of such affidavit 
of registration. The lines to indicate the separation between the 
margin of the affidavit of registration and the said margin shall 
be at the top and on the right side of such affidavit, and may 
be double or single lines in the discretion of the Clerk or Registrar 
of Voters of the county or city and county or territory for which 
the affidavit is to be used. The affidavit shall be printed in hor¬ 
izontal lines. Wherever any blank space is left in any line for 
the entry of any matter the lines shall not be less than one-third 
of an inch apart vertically. Commencing with the first statement 
of the affidavit proper each statement shall be numbered imme¬ 
diately at the left of such statement in a numerical sequence, the 
first statement commencing with number 1, and so on to the end, 
but the jurat and space for the signature of the voter need not 
be numbered. The horizontal width of the affidavit, separate 
from any and all margin, shall not be less than seven inches, and 
the margin upon all sides and at top and bottom shall be of such 
width as may be determined by the Clerk or the Registrar of 
Voters. The words “affidavit of registration” shall be not less 
than twenty-four point black-face type. Pen and ink or indelible 
pencil must be used in making the portions of the affidavit which 
are not printed. The matter in the body of the affidavit, where 
the size of type is not otherwise specified, shall be not less than 
ten point plain-faced type, save that words inserted in paren¬ 
theses, which are for the information or instruction of the depu¬ 
ties or registration clerks, may be in smaller type at the discre¬ 
tion of the County Clerk or Registrar of Voters. Subject to the 
foregoing provisions the body of said affidavit shall be substan¬ 
tially in the following form : 


84 


POLITICAL CODE 


STATEMENT OF TRANSFER OR CHANGE OF NAME. 

I am registered under the name of . 

. from the following precinct or address 

. in this county; 

(or in . county, and I 

hereby authorize the cancellation of my last previous reg¬ 
istration in said . county). 


NAME OR NUMBER OF PRECINCT. 


IT 

1 


STATE or CALIFOKNIA 
( ) COUNTY OF ( 


AFFIDAVIT OF REGISTRATION. 


The undersigned affiant, being duly sworn, says: I will be at least twenty-one years 
of age at the time of the next succeeding election, a citizen of the United States ninety 
days prior thereto, and a resident of the State one year, of the County ninety days, and 
of the Precinct thirty days next preceding such election, and will be an elector of this 
County at the next succeeding election. 

]. I have not (have) registered from any other precinct in the state since January 1, 1916.* 
(Mark out words “have not’’ or “have’’ as the case may be, and if applicant has so previously regis¬ 
tered, or has previously registered under another name, fill out the appropriate blanks at the top of the 
affidavit, under “statement of transfer or change of name.’’) 


2. My full name is .... 

(Including Christian or given name, and middle name or initial, and in the case of women, the prefix 

Miss or Mrs.) 

3. My residence is . 

between . and . Streets . Floor, Boom. 


Post office address at ... 

4. My occupation is ... 

5. My height is . feet . inches 


6. I was born in . 

(S.tate or Country.) 

7. I acquired citizenship by -J a. Decree of Court. d. Marr iage to a citizen. 

(underline method of acquiring V b. Father’s naturalization. e. Naturalization of my husband. 

citizenship.) j c. Citizenship of father. f. Act of Congress, g. By treaty. 

(when) . (where) . 

husband’s . 

(To be filled out when citizenship depends on citizenship or naturalization of parent or husband.) 


8 . 


I can. read the Constitution in the English language; I can. write my name; 


I am entitled to vote by reason of having been on November 6, 1894 
I can.. mark my ballot by reason of . 


( a. An elector. 

< b. More than sixty 
( years of age. 


(State physical disability, if any.) 


Subscribed and sworn to before me this 
. day of .1916 

County Clerk (or Registrar of Voters). 
*Or the year when registration commenced. 


(Affiant sign here.) 
































POLITICAL CODE 


85 


Sub. 4. Whenever any elector, between the time of her last 
registration and the time for the closing of registration for any 
given election in the same county or city and county, shall have 
lawfully changed her surname by a change or assumption of 
marital relations she shall be entitled to re-register under her 
new or changed name, upon an additional statement made at the 
time of such re-registration, giving the name under which she 
was so last registered in said county or city and county, and the 
residence given and contained in said last affidavit of registra¬ 
tion, which additional statement shall be printed or written upon 
the margin of such affidavit of re-registration before the said 
affidavit is signed, and shall be deemed a part thereof. Upon 
such re-registration the last previous registration of such elector 
shall be cancelled. And in case any elector shall re-register or 
transfer his or her registration from one precinct to another the 
former address or precinct shall be noted in the margin of such 
affidavit, and the former registration shall thereupon be cancelled. 

Sub. 5. No person shall be registered except as above pro¬ 
vided unless upon the production and filing of a certified copy 
of the judgment of the Superior Court directing such entry to 
be made. [Amended April 28, 1915.] 

Sec. 1097a. Registration of person gaining citizenship through 
father. (New section, approved May 20, 1913.) The affidavit 
of registration of any person who is a citizen of the United 
States by virtue of his father being a citizen thereof at the 
time of his birth shall, in lieu of the statements regarding 
naturalization required by the provisions of sections one 
thousand and ninety-six and one thousand and ninety- 
seven of the Political Code, contain the following state¬ 
ment, to wit: I am a citizen of the .United States by virtue of 
my father being a citizen thereof at the time of my birth, and 
my father has resided in the United States. Said affidavit of 
registration shall also contain the statement that said person 
is or would be an elector of the county, or city and county, at 
the next ensuing election, and shall also contain all the other 
statements required by said sections one thousand ninety-six 
and one thousand and ninety-seven of the Political Code, 
excepting those regarding naturalization. The name of such 
persons must thereupon be entered by the officer charged with 
the registration of voters. 

Sec. 1102. Duty of clerk upon receipt of returns. Upon the 
receipt of such returns, the Clerk must at once enter upon the 
Great Register the names contained and the statements made 
in such return. 

Sec. 1103. Affidavits must be preserved. The person charged 
with the registration of voters in each county or city and 
county must preserve all affidavits made before himself or his 
deputies for the purpose of procuring registration for at least 
five years, and until the Board of Supervisors shall order them 
to be destroyed. The affidavits shall constitute the register 


Affidavit 
to contain. 


86 


POLITICAL CODE 


required to be kept by the provisions of this chapter and the 
person charged with the registration of voters shall not copy 
the facts shown by the affidavits as part of his official duties. 
All provisions of law in conflict herewith are hereby repealed. 

Sec. 1104. Persons not to be registered in different counties 
at the same time. No person must cause himself to be regis¬ 
tered or enrolled in one county when his registration in another 
remains uncancelled; provided, however, that any such person 
who is registered in one county may, if otherwise legally quali¬ 
fied, cause himself to be registered in another county in which 
he may then reside, at any time before the closing of registration 
for any election, by executing an affidavit of cancellation and 
delivering the same to the officer taking such new registration. 
It shall-be the duty of the County Clerk to at once forward such 
affidavit of cancellation to the County Clerk of the county in 
which such old registration is still uncancelled, and upon receipt 
of such affidavit such former registration must be forthwith can¬ 
celled. [Amended May 26, 1915.] 

Sec. 1105. Cancellation of entry. Cancellation is made by 
writing or stamping on the affidavit of registration the word 
“cancelled,'’ the reason therefor, and the date of such cancellation. 
In addition to the cancellation provided for in Section 1106 and 
elsewhere in this code, whenever an elector transfers his registra¬ 
tion from one precinct to another precinct in the same county, 
or re-registers in such other precinct as shown by the new affi¬ 
davit of registration, the County Clerk must immediately cancel 
both the original and the duplicate affidavit of registration from 
the former precinct, and remove them from their respective books 
or files provided for in Section 1113 of this code; and whenever 
an elector removes from one county to another county, and regis¬ 
ters in such other county, the County Clerk in the former county 
of registration, upon being informed of such removal, either by 
the elector personally or through the provisions of Section 1104 
of this code, must likewise cancel and remove both the original 
and the duplicate affidavits of registration in such county. All 
cancelled affidavits of registration must be preserved by the' 
County Clerk until the first day of April of the next even-num¬ 
bered year. The County Clerk in distributing to each precinct 
the five indexes of registration, as required in Section 1116 of 
this code, shall cross out of such indexes the names of all electors 
whose affidavits of registration from such precinct have been 
thus cancelled. [Amended January 1, 1900; April 12 1911 • Mav 
27, 1915.] ’ ’ ^ 

Sec. 1106. Cases in which entry must be canceled. The 
Clerk must’cancel the entry in the following cases: 

1. At the request of the party registered. 

2. When he knows of the death or removal of the person 
registered. 

3. When the insanity of the person registered is legally es¬ 
tablished. 


POLITICAL CODE 


87 


4. Upon the production of a certified copy of a judgment 
of the conviction of any elector of any infamous crime, or of 
the embezzlement or misappropriation of any public money, 
in full force against the person registered, upon information 
of such conviction obtained as hereinafter provided. 

5. Upon the production of a certified copy of a judgment 
directing the cancellation to be made. 

6. Upon a certificate of the Board of Election of any pre¬ 
cinct, sent up with the election returns, stating the death or 
removal, within their own knowledge, of the person registered. 

7. When it appears by the returns made by the Board and 
Clerks of Election that the respective party did not vote during 
the next preceding two years at any general or special election. 

8. The Clerk shall cancel upon the Great Register every 
name found thereon which is found upon the register of , deaths, 
provided for by law. 

9. Every Judge before whom proceedings were had which 
result in any person being declared incapable of taking care 
of himself and managing his property, and for whom a guardian 
of his person and estate is accordingly appointed, or which 
result in such person being committed to a State Insane Asylum 
as an insane person, shall file with the County Clerk a cer¬ 
tificate of that fact, and thereupon the Clerk shall cancel the 
name of such person upon the Great Register, if found thereon. 

10. The County ClCTk shall also, in the first week of Sep¬ 
tember, in each year, examine the records of the Courts having 
jurisdiction in case of infamous crimes and the embezzlement 
or misappropriation of public money within his county, and 
cancel upon the Great Register the names of all persons ap¬ 
pearing thereon who shall have been convicted of an infamous 
crime or of the embezzlement or misappropriation of public 
money in such Court, and which conviction shall have been 
carried into effect. [Amendment approved January 22, 1912.] 

Sec. 1106a. Cancellation of registration of persons con¬ 
victed of infamous crimes. In any county or city and county 
where there shall be a registrar of voters, the County Clerk of 
such county or city and county shall furnish to such registrar 
of voters before the first day of September of each year, a 
statement taken from the records of the courts having juris¬ 
diction in cases of infamous crimes and the embezzlement or 
misappropriation of public moneys within his county, showing 
the names of all persons appearing from such records to have 
been convicted of an infamous crime, or of the embezzlement 
or misappropriation of public money, in such court during the 
year prior to such first day of September, and which conviction 
shall have been carried into effect, and such registrar of voters 
shall thereupon during the first week of September in each 
year, cancel the affidavits of registration of such persons. The 
County Clerk shall certify the said statement under the seal of 
his office. [New section approved May 1, 1911.] 


Cancellation 
on the great 
register. 


Cancellation 
of incompe¬ 
tents. 

Clerk to file 
certificate. 


County Clerk 
to examine 
Court 
Records 
once a year. 


County Clerk 
to certify 
statement. 


88 


POLITICAL CODE 


Sec. 1107. Clerk must give certificate of registration. Upon 
the application of the party, in person or in writing, the Clerk 
must give him or his agent a certified copy of the entries upon 
the Great Register relating to such party. 

Sec. 1108. Persons refused registration may proceed by 
action. If the Clerk refuses to register any qualified elector 
in the county, such elector may proceed by action in the Su¬ 
perior Court to compel such registration. [Amendment ap¬ 
proved April 12, 1911.] 

Sec. 1109. Action for compelling cancellation. Any person 
may proceed by action in the Superior Court to compel the 
Clerk to cancel any registration made illegally, or that ought to 
be cancelled by reason of facts that have occurred subsequent 
to the time of such registration; but if the person whose name 
is sought to be cancelled be not a party to the action, the court 
may order him to be made a party defendant. 

Sec. 1110. Parties to such action. In an action under the 
authority of section eleven hundred and eight, as many persons 
may join as plaintiffs as have causes of action. 

Sec. nil. Same. In an action under the authority of sec¬ 
tion eleven hundred and nine, the Clerk and as many persons 
as there are causes of action against may be joined as defend¬ 
ants. 

Sec. 1112. Costs not to be recovered against the Clerk ex¬ 
cept in certain cases. Costs cannot be recovered against the 
Clerk in any action under the authority of this chapter unless 
it is alleged in the complaint, and established on the trial, that 
the clerk knowingly and willfully violated a plain duty. 

Sec. 1113. Clerk arrange affidavits of registration by precincts. 
Whthin five days after the last day of registration for any election 
the Clerk shall arrange the affidavits of registration for each pre¬ 
cinct in which such election is to be held, alphabetically by sur¬ 
names, number them, beginning with number 1 in each precinct, 
and bind the same into books by fastening the left-hand edges 
together with a staple, cord or other suitable material. Each 
book shall have stated on the outside thereof the name or number 
of a precinct and shall contain all, and only, the affidavits of reg¬ 
istration of the electors residing within that precinct. -The dup¬ 
licate affidavits for the whole of each county shall, as fast as the 
registration progresses, be filed alphabetically without regard to 
precinct. In the case of duplicate affidavits this alphabetical 
arrangement shall be exact, and in the case of affidavits having 
the same surname such arrangement shall extend to the given or 
Christian name, and, where necessary, to the middle name or 
initial. (In effect January 1, 1900; amended April 12, 1911; April 
28, 1915). 

Sec. 1115. Index to registers. Within five days after the 
binding of said books the Clerk shall prepare an index of each 
book, said index to contain the numbers, names, occupations, 


POLITICAL CODE 


89 


addresses, and political affiliations as they appear in said books. 
Such names shall include Christian or given names, the middle 
name or initial, if any; and, if the name be that of a woman, 
such name shall be preceded by the designation of “Miss” or 
“Mrs.”, as the case may be. The Clerk shall have at least 
one hundred copies of said index printed for the use of said 
county, and he shall have printed and shall furnish to the 
municipalities within said county, such additional number of 
copies thereof, not exceeding fifty, as the governing body of 
such municipalities shall by resolution require. The County 
Clerk shall furnish upon written or oral demand to every candi¬ 
date, who is to be voted for in said county, city, or city and 
county or any political subdivision of said county, city, or city 
and county, a printed index of the registration, for such primary 
and general elections in which said candidate will participate, at 
a cost of fifty cents per thousand names. All such moneys col¬ 
lected shall be deposited in the county treasury, to the credit 
of the general fund. The number of copies of said index 
necessary to be printed shall apply only to the index prepared 
for use at general elections. In counties where indexes are 
prepared for primary elections, a smaller number of such in¬ 
dexes may be printed. The Clerk shall have bound together 
in one or more volumes, a general index of said books ar¬ 
ranged alphabetically by precinct, and shall keep at least one 
copy of said general index in his office for public reference. 
[Amended April 28, 1915.] 

Sec. 1116. Printed copies, how distributed. The Clerk must 
before the day of election, transmit and cause to be delivered 
to the Board of Election in each precinct, one of such books of 
affidavits of registration for their respective precinct, which 
shall constitute the register to be used at such election; he shall 
also cause to be delivered at the same time five copies of the 
index to said book. [Amendment approved March 4, 1899; in 
effect January 1, 1900.] 

Sec. 1117. Certified copy of affidavit sufficient evidence that 
person is a voter. A certified copy of an uncancelled affidavit 
of registration is prima facie evidence that the person named 
in the entry is an elector of the county. [Amendment approved 
April 12, 1911.] 

Sec. 1120. Persons entitled to vote. All persons shall be 
entitled to vote at the elections mentioned in Section 1044 
of this code, who come within the terms or comply with the 
requirements of this section. 

1. Every person who was a qualified elector at the general 
state election immediately preceding the holding of any of the 
elections mentioned in Section 1044 of this code, and who was 
registered as required by law as a qualified elector of any one 
of the precincts which together compose the special election or 
consolidated election precincts, and who continues to reside 
within the exterior boundaries of such special election or con¬ 
solidated election precinct, until the time of holding of the 


Quantity to 
be printed. 


County Clerk 
to furnish 
copies to 
candidates. 


County Clerk 
to keep 
general 
index. 


Copies of 
Indexes. 


90 


POLITICAL CODE 


Name 
must be 
registered. 


election provided for and held under said Section 1044, shall 
be entitled to vote at said election, without other or additional 
registration except as provided in the second paragraph of this 
section. All other persons, in order to be entitled to vote at 
any of the elections provided for in said Section 1044, must 
be registered in the manner required by Sections 1094, 1096 
and 1097 of this code, as an elector of and within one of the 
precincts which compose the special election or consolidated 
precinct wherein he claims to be entitled to vote. Such regis¬ 
tration must be made and had in accordance with the pro¬ 
visions of Sections 1094, 1096 and 1097 of the Political Code; 
provided, that such registration shall be in progress at all times 
except during the thirty days immediately preceding any such 
municipal or special election held under said Section 1044 of 
this code. 

2. When any of the elections mentioned in Section 1044 of 
this code is held on or after the first day of April of an even-num¬ 
bered year, any person to be entitled to vote at such election 
must have been registered since the opening of registration for 
such even-numbered year in the manner required by Sections 
1094, 1096 and 1097 of this code as an elector of and within one 
of the precincts which compose the special election or consoli¬ 
dated precinct wherein he claims to be entitled to vote. (Amended 
March 19, 1907; May 1, 1911; June 16, 1913; May 27, 1915). 

Sec. 1121. Register used to consist of original affidavits. 

The register used at each special election or consolidated 
election precinct, at the elections provided for in Section 1044 
of this code; provided, such elections are not held between the 
first day in April and the date of the general state election 
in any even-numbered year, shall consist of the original affi¬ 
davits of registration for the territory constituting such special 
election or consolidated election precinct, at the last general 
state election immediately preceding the holding of the election 
provided for in said Section 1044, together with a supplement. 
or supplements showing the additional names of the persons 
who by registration have since such general state election be¬ 
come entitled to vote at any of the elections to be held in such 
precinct, under said Section 1044 of this code. In the event 
that precinct registers were used at the last preceding general 
state election, then it shall be the duty of the County Clerk 
or person clothed with the authority for the registration of 
voters, to furnish such original affidavits of registration with 
the supplements aforesaid, for each of the special election or 
consolidated precincts, to the boards of election, respectively, 
in and for each such election precinct. No person shall be en¬ 
titled to vote at any such election provided for in said Section 
1044 of this code, unless his name is registered by such original 
affidavit of registration, in the precinct within the exterior 
boundaries of the election precinct, or unless, according to the 


POLITICAL CODE 


91 


Constitution and laws of this state, he is entitled to vote 
thereat. If any election provided for in Section 1044 of this 
code is held on or after the first day in April in any even-num¬ 
bered year, the register used at each special or consolidated elec¬ 
tion precinct at such election shall consist of the original affidavits 
of registration of those who had registered from the territory 
constituting such special or consolidated election precinct in said 
even-numbered year and at least thirty-one days prior to such 
election. (Amended May 27, 1915). 


ELECTION PRECINCTS. 

Sec. 1125. In all counties, and city and counties, (except in 
counties, and city and counties, which at the last general elec¬ 
tion prior to the time this act goes into effect had a registration 
of at least two hundred thousand electors, or which has a Regis¬ 
trar of Voters provided for by Freeholders’ Charter or by general 
law, but no Board of Election Commissioners, other than the 
Board of Supervisors acting as such ex-officio), the County Sur¬ 
veyor shall upon written request and under the direction of the 
County Clerk, or in counties, and city and counties having a 
Registrar of Voters, from the Registrar of Voters, divide the 
county into election precincts and prepare detail precinct maps 
and exterior descriptions and copies thereof, and file the same 
with the Board of Supervisors not later than the first Monday 
in November of each odd-numbered year; provided, however, that 
the county shall be so divided into election precincts that there 
shall be as many as shall be sufficient to make the number of 
votes polled at any one election precinct not more than two 
hundred, as near as can be ascertained, and it shall be the duty 
of said Board to adopt an order creating election precincts as pre¬ 
pared and described by said County Surveyor and County Clerk, 
not later than the second Monday in December of each said odd- 
numbered year; the County Surveyor shall within fifteen days 
after receipt of said written request from the County Clerk, or 
Registrar of Voters, change or alter any precinct boundaries, and 
prepare new detail maps and descriptions thereof, as directed by 
the County Clerk, or Registrar of Voters, and file the same with 
the Board of Supervisors, who shall at their next meeting adopt 
said precinct changes by order. 

In all counties, or city and counties of this State, which at the 
last general election prior to the time this act goes into effect had 
a registration of at least two hundred thousand electors, or which 
has a Registrar of Voters provided for by Freeholders Charter 
or by general law, but no Board of Election Commissioners, other 
than the Board of Supervisors acting as such ex-officio, the 
Board of Supervisors, or other Board having charge and control 
of elections in such county, or city and county, or, at its request, 
the County Clerk or Registrar of Voters, shall, as soon before a 
general election as is convenient, proceed to divide such county, 
or city and county, into election precincts, of which there shall 



92 


POLITICAL CODE 


1)e as many as shall be sufficient to make the number of votes 
polled at any one election precinct to be not more than two hun¬ 
dred, as nearly as can be ascertained. 

Any provisions found elsewhere in this Code giving to the 
Board of Supervisors the power to establish, abolish, and change 
election precincts shall be subject to, and controlled by, the pro¬ 
visions of this section. (Approved May 26, 1915.) 

Sec. 1126. In all counties, and city and counties, (except in 
counties, and city and counties, which at the last general election 
prior to the time this act goes into effect had a registration of 
at least two hundred thousand electors, or which has a Registrar 
of Voters provided for by Freeholders’ Charter or by general 
law, but no Board of Election Commissioners, other than the 
Board of Supervisors acting as such ex-officio), the Board of Su¬ 
pervisors or Election Commissioners in each of the counties, and 
city and counties of this State, shall, within thirty days from the 
receipt of a written notice from the County Clerk, or, in coun¬ 
ties or city and counties having a Registrar of Voters, from the 
Registrar of Voters, change the boundaries of, create new, or con¬ 
solidate established precincts as per detailed descriptions as fur¬ 
nished by the County Clerk, or Registrar of Voters, and County 
Surveyor; provided, that there shall alway's be as many pre¬ 
cincts as shall be sufficient to make the number of votes polled 
in any one precinct not more than two hundred, as nearly as 
can be ascertained. 

In all counties and city and counties, which at the last general 
election prior to the time this act goes into effect had a registra¬ 
tion of at least two hundred thousand electors, or which has a 
Registrar of Voters provided for by Freeholders Charter or by 
general law, but no Board of Election Commissioners, other than 
the Board of Supervisors acting as such ex-officio, the Board of 
Supervisors, or other Board having charge and control of elec¬ 
tions in such county, or city and county, of this State, or, at its 
request, the County Clerk or Registrar of Voters, may from time 
to time change the boundaries of, create new, or consolidate es¬ 
tablished precincts; provided, that there shall always be as many 
precincts as shall be sufficient to make the number of votes 
polled at any one precinct to be not more than two hundred, 
as nearly as can be ascertained. 

Any provisions found elsewhere in this Code giving to the 
Board of Supervisors the power to establish, abolish, and change 
election precincts shall be subject to, and controlled by, the pro¬ 
visions of this section. 

Sec. 3. Sections 1127 and 1129 of the Political Code as amended 
by the forty-first session of the Legislature of the State of Cali¬ 
fornia are hereby repealed. 

Sec. 4. This act shall take effect four months after the ad¬ 
journment of the forty-first session of the Legislature of the State 
of California. (Approved May 26, 1915.) 


POLITICAL CODE 


93 


Sec. 1128. In the order establishing precincts, the boundaries 
thereof must be defined. 

Sec. 1130. Limitations on powers given herein. The follow¬ 
ing limitations are imposed upon the powers given in this 
chapter: 

1. No precinct must be established so as to embrace more 
than one township, nor in such manner that its exterior limits 
cross the exterior boundaries of any township, incorporated 
town or city, or any ward, district, or other territorial sub¬ 
division for which local officers are to be elected, except a 
school or road district; provided, however, that if at any elec¬ 
tion, including any primary election, or special election, any pre¬ 
cinct contains an insufficient number of qualified electors to 
make up a precinct election board, such precinct may be consoli¬ 
dated with an adjoining election precinct. [Amended April 12, 
1915.] 

Sec. 1131. Board to designate place in precinct for holding 
election. The Board of Supervisors, or other board having 
charge and control of elections in each of the counties, and 
cities and counties, of the state, must, at least twenty-five days 
prior to an election, issue its order appointing Boards of Elec¬ 
tion, designating the house or place within the precinct where 
the election must be held, and the offices to be filled, naming 
and numbering in numerical order, commencing with number 
one, the offices to be filled, unexpired terms being designated 
next after the full term; but in no event shall any place be 
selected for holding an election that is in a saloon, or other 
room or place where vinous, spirituous, or malt liquors are sold 
or dispensed, nor shall any place be selected for such purpose 
that is connected with a saloon or other room or place where 
vinous, spirituous, or malt liquors are sold or dispensed, by 
any door, window, or other opening. [Amendment approved 
March 20, 1899; in eflfect in sixty days.] 

Sec. 1132. When Justice of Peace to designate place for 
holding elections. If the Board fail to designate the house or 
place for holding the election in any precinct, or, if for any 
reason, it can not be held at the house or place designated by 
the Board, the Justice of the Peace residing in the township 
in which such precinct is situated must, by an order under his 
hand (copies of which he must at once post in three public 
places in the precinct), designate the house or place, within 
the precinct. In case of the absence of the Justice of the 
Peace, or of his disability or refusal to perform the duties 
herein imposed, then a majority of the Judges and Inspectors of 
Election for said precinct shall designate the place, within the 
precinct, for holding the election, and post the notices required 
by this section; provided, that in cities or cities and counties 
which are not divided into townships for judicial purposes, a 
majority of the Justices of the Peace residing in such city or 


Boundaries 

of 


Not to 
embrace 
more than 
one town¬ 
ship. 

Exceptions. 


Time for 
issuing 
order ap¬ 
pointing 
election 
boards. 


Place for 

holding 

elections. 


In case of 
absence of 
Justice of 
the Peace. 


Consolida¬ 
tion of. 


94 


POLITICAL CODE 


city and county, shall discharge the duties imposed by this sec¬ 
tion. 

Sec. 1133. Establishment of special election precincts. The 
board of governing body charged with the conduct of carry¬ 
ing on any of the elections mentioned in Section 1044 of this 
Code may precinct, or subdivide, the municipality or territory 
within which such election is to be held, into special election 
or consolidated election precincts, for the holding of such elec¬ 
tions, and change and alter such precincts for such elections, 
as often as occasion may require. In establishing such election 
precincts referred to in this section, such board or governing 
body having control of such elections, may consolidate the pre¬ 
cincts which existed for the holding of the last preceding gen¬ 
eral state election, to a number not exceeding three for each 
special election or consolidated election precinct, and shall 
number such precincts so established, consecutively, and each 
precinct so established shall for the purpose of such election 
be known by the number so designated. 


How 

appointed. 


What the 
board shall 
consist of. 


BOARDS OF ELECTION. 

Sec. 1142. At each election or primary election the election 
officers appointed for each precinct shall constitute a board of 
election for such precinct. Such board shall consist of one in¬ 
spector, two judges, and three clerks; provided, that in any pre¬ 
cinct in which the total registration does not exceed one hun¬ 
dred electors the board shall consist of one inspector, one judge 
and two clerks. Each of such officers shall be a registered 
qualified elector of the precinct for which he is appointed and in 
which he acts and shall serve only in such precinct; provided, 
that in the case of consolidated election precincts the election 
officers appointed therefor and who act therein shall be regis¬ 
tered qualified electors of one of the precincts of which such 
consolidated precinct is composed. 

At least sixty days before any election the board of supervisors, 
or other board having charge and control of elections, shall cause 
to be published for three times in a daily newspaper, if any, pub¬ 
lished in the county or in the political subdivision in which such 
election is held, and in case there is no daily newspaper published 
therein, then twice in a weekly newspaper published in said 
county or subdivision; and shall also cause to be posted in some 
prominent place in various precincts distributed throughout the 
county or political subdivision in which the election is to be held, 
a notice in substantially the following form: 

WANTED 

APPLICATIONS FOR POSITIONS AS ELECTION 
OFFICERS 

The board of supervisors (or other board, as the case may be) 

is about to appoint election officers to have charge of the.^.. 

election to be held on the.day of., 19.... 






POLITICAL CODE 


95 


In order to secure the most capable and efficient election offi¬ 
cers possible for this and subsequent elections, the board is desir¬ 
ous of learning- the names of men and women of each precinct, of 
clerical ability or otherwise qualified who are willing to serve as 
election officers. 

Blanks for “Application to serve as election officer” may be 

procured at.(some office, place of 

business, or residence in locality) or upon written application to 

., and must be filled out and mailed 

to.on or before., 19. 

Dated. 

Board of Supervisors (or other board) 
of.county. 

By. 

Any person willing to serve as election officer may, at least 
forty days before any election, file, in the office of the board of 
supervisors or other board having charge or control of elections 
within the county, or city and county in which he or she resides, 
an application therefor, which shall be filled out in ink upon a 
blank prepared and furnished by said board, and in substan¬ 
tially the following form: 

APPLICATION TO SERVE AS ELECTION OFFICER 

STATE OF CALIFORNIA, / ^ 
.County of. i 

My name in full is...; 

my actual residence is..; 

my age is.; my occupation is.; 

I am employed at.. 

(Give place of employment) 

I am not, and have not been, within the last ninety days, employed 
in any capacity, other than that of election officer, by the county, 
city and county, or incorporated city or town in which I now 
reside. 

I have..acted as an election officer at an election. 

(If applicant has previously acted as an election officer he 
shall state the time and place when he so acted and the 
nature of the office held, otherwise he shall insert the word 
“not” after the word “have.”) 

I have.passed a civil service examination. 

(If applicant has previously passed siich examination he 
shall state the time and place thereof and the position for 
which it was held, otherwise he shall insert the word “not” 
after the word “have.”) 

My education has been as follows: 

(State briefly). 

My experience in clerical work has been as follows r 
(State briefly). 



















96 


POLITICAL CODE 


For further information I would refer to the following: 


(Names and addresses of two or three well known citizens of 
the community, who are acquainted with the qualifications of 
applicant, to be filled out if applicant is not, through previous 
service or otherwise, already known to the appointing board). 

I am now registered as an elector in this county (or city and 
county). I can read and write the English language and all of 
the matter written in the foregoing answers is in my own hand¬ 
writing. 


Signature of applicant. 

In the case of municipal elections and in all elections in which 
only the electors of one municipality or a portion thereof vote, 
the duties herein imposed upon the board of supervisors shall be 
performed by, and such applications shall be filed with the city 
council or other board having charge and control of the elections 
of such municipality. Any application once filed and approved 
shall be considered as an application for any election held within 
the territory to \Yhich such application applies on or after the 
fortieth day thereafter and while the then open and current reg¬ 
istration is operative ; provided, however, that for any election 
held on or after the first day of January of an even-numbered 
year and before the first day of April of that year such applica¬ 
tion shall be available, and for such election the board charged 
with the duty of appointing election officers may appoint as such 
officers those who are upon the register which will be used at 
that election if at the time of their appointment they still reside 
in the precinct for which they are appointed and are otherwise 
competent to act. 

At least thirty-five days before any election, the Board of 
Supervisors or other board having charge and control of elec¬ 
tions, shall arrange by precincts all the applications to serve as 
election officers on file in their office, and shall examine such 
applications and make such further investigations as shall indi¬ 
cate what persons are best qualified to serve as election officers 
in each precinct. If among the applicants approved there are 
not sufficient to constitute an election board for any precinct, 
there shall be added the names of other qualified electors, regis¬ 
tered from that precinct and fitted to serve as election officers. 
In adding such names, preference shall be given to those who 
are known to have already served with ability as election officers. 
The clerk of the Board of Supervisors or other board having 
charge and control of elections shall forthwith communicate 
with not less than six, nor more than twelve, of those approved 
to serve as election officers of each precinct, and shall enclose a 










POLITICAL CODE 


97 


postal card for reply made out in substantially the following 
form : 

Dear Sir:— 

In answer to your communication stating that my name is 

being considered as an election officer of. 

precinct for the next election, I hereby agree that, if appointed, 

I will serve as such election officer, and that I will be present 
at the opening of the polls on the morning of the election 

., 19 . 

Signed. 

Address. 

The Board of Supervisors, or other board having charge or 
control of elections in each of the counties, and cities and coun¬ 
ties, must, at least twenty-five days prior to an election, issue its* 
order appointing the members of the several boards of election. 

If the election officers for any precinct, or the polling place 
therein, have not been designated by the fifteenth day prior to 
any election, the County Clerk shall immediately appoint the 
election officers for that precinct, or designate the polling place 
therein, as the case may require. 

Any person who, having agreed to serve and having been reg¬ 
ularly appointed as an election officer, shall without lawful excuse 
fail to act as such, shall be guilty of a misdemeanor punishable 
by a fine not to exceed one hundred dollars or by imprisonment 
in the county jail not to exceed thirty days, or by both such fine 
and imprisonment. In appointing election officers preference 
shall so far as possible be given to any applicant or person who 
has passed a civil service examination involving a test for a cleri¬ 
cal position, or who has previously rendered satisfactory service 
as an election officer. No person shall be eligible to act as an 
officer of election who is not actually a resident of the precinct 
in which he acts and a registered and qualified elector threeof, 
or who has within ninety days preceding such election, been 
employed in any capacity, other than that of an election officer, 
by the county or city and county or incorporated city or town 
in which he resides. 

Upon receiving a list of the names and addresses of those who 
have been appointed election officers the County Clerk or Regis¬ 
trar of voters shall immediately mail or deliver to each person 
appointed a notice that he has been appointed, stating therein 
the date of the election and the polling place in the precinct in 
which he is to act He shall also publish the names of the elec¬ 
tion officers appointed for each election precinct, in some news¬ 
paper published in the county or city and county where the elec¬ 
tion is to be held, for three successive issues, the last publication 
to be at least one week before the day such election is to be held. 
He shall also mail or deliver to each person appointed as inspec¬ 
tor for any precinct immediately after such appointment a notice 







98 


POLITICAL CODE 


in duplicate of the persons appointed to serve as election officers 
in that precinct. Within five days after the receipt thereof the 
said inspector shall cause one of said duplicates to be posted at 
or near the polling place designated therein and immediately 
notify the County Clerk or Registrar of Voters when he has done 
so. Said notice shall be substantially in the following form : 

OFFICE OF THE COUNTY CLERK (OR REGISTRAR 
OF VOTERS) 

.County of. 

NOTICE TO ELECTION OEFICERS 
To.inspector for.precinct. 

The polling place for the.precinct at the election 

J:o be held on.the.day of 

.is.-.and the 

board of election for said precinct is composed of the following 
persons: 

Position. Name. Address. 


You as inspector must before the polls are opened see that 
each of these persons has taken the oath required by law, and 
that no one is permitted to act as election officer unless he has 
taken such oath and actually resides in the'precinct and is regis¬ 
tered as an elector thereof, and is not and has not been employed 
in any capacity, other than that of an election officer, within 
ninety days of the election, by the county or city and county or 
by the incorporated city or town in which he resides. If any of 
these persons is not qualified to act or in case any of them do 
not appear at the opening of the polls, the qualified electors pres,- 
ent, including members of the board, shall appoint in his place 
one who is qualified, who shall take the required oath of office, 
which will be found set forth in the poll list. 

Accompanying this notice is an oath of office which you will 
immediately take before any officer authorized by law to admin¬ 
ister an oath and cause the same to be returned to me with the 
election returns. This notice is sent you in duplicate and you 
will within five days after receipt hereof post one copy at or near 
the polling place designated herein and immediately notify me 
when you have done so. 


County Clerk (or other official). 

Accompanying said notice shall be an oath in blank which 
shall be immediately sworn to by the inspector free of charge 






























POLITICAL CODE 


99 


before any officer autliorizecl to administer oaths, and before per¬ 
forming any of the duties required of him, and which oath shall 
be returned to the County Clerk or Registrar of Voters with the 
election returns. Said oath shall be substantially in the following 
form : 


j^ss. 


STATE OF CALIFORNIA, 

..County of. 

I do solemnly swear (or affirm, as the case may be), that I 
will support the constitution of the United States and the consti¬ 
tution of the State of California, and that I will faithfully dis¬ 
charge the duties of the office of inspector on the board of elec¬ 
tion for.precinct according to the best of mv 

ability. 


Subscribed and sworn to before me this. 

.191. 


day of 


(Name and designation of official before 
whom taken). 

On or before the day of election and before entering upon the 
performance of their duties, each of the other election officers 
shall take a similar oath before said inspector, or, in case he is 
not present, before any other of themselves, each of whom is for 
this purpose authorized to administer an oath. Such oaths shall 
be taken and subscribed upon a form which shall be provided 
for that purpose in the poll list for that precinct. 

No person shall be eligible to act as a member of any election 
board who cannot read and write the English language, nor shall 
any person be appointed an election officer or act as such and 
who is not at the time in every respect qualified to act as such 
election officer, nor shall any person so appointed serve as such 
until he has taken the oath required. The inspector, judges and 
clerks upon each board of election shall distribute the extra 
duties devolving upon such board of election, in addition to their 
own duties, in such a manner as they themselves shall deem most 
advantageous, and such extra duties assigned to the several 
officers or clerks of boards of election by other sections of this 
code shall be performed by the members of each board as the 
said duties have been distributed in accordance with this pro¬ 
vision. Not more than two members of any board of election 
shall be absent from the polling place at any one time. Such 
board of election shall canvass the votes for such precinct, and 
must be present at the closing of the polls. The members of said 
board shall relieve each other in the duties of canvassing the bal¬ 
lots, which may be conducted by at least four members of the 
board; provided, that there shall always be two members simul¬ 
taneously keeping the tally sheets, and always two members 
looking at the vote on the ballot from which one of said two 










100 


POLITICAL CODE 


members is reading; and provided further, that the final certifi¬ 
cate shall be signed by a majority of the whole. (Amended May 
26, 1915.) 

Sec. 1142a. On or before January 1, 1916, the Secretary of 
State and the Attorney General shall prepare a brief digest of 
election laws in so far as such laws affect the duties of election 
officers during the casting and the canvassing of the vote. Such 
digest shall be in such form as will readily indicate to election 
officers the substance of such provisions of the Political Code or 
other election laws as they may find it most important to know 
in the performance of their duties, and shall contain in each case 
a reference to the section of the said code or laws, by reference 
to which further examination of said provisions may be made. 
A copy of this digest, together with such further instructions as 
the County Clerk or Registrar of Voters may desire to make, 
shall be prepared by him and furnished to each election officer 
at the time of his appointment, according to the provisions of 
section eleven hundred forty-two of this code. 

Sec. 1143. Judges not to be of same political party. The 
Judges appointed must not be members of the same political 
party. 

Sec. 1144. Proceeding on failure to appoint or attend. If 
the Board of Supervisors fail to appoint the Board of Election, 
or the members appointed do not attend at the opening of the 
polls on the morning of the election, the electors of the precinct 
present at that hour may appoint the board or supply the place 
of an absent member thereof. 

Sec. 1145. Powers of inspectors. The Inspectors may: 

1. Administer all oaths required in the progress of an election. 

2. Appoint Judges and Clerks, if during the progress of an 
election any Judge or Clerk ceases to act or becomes incapaci¬ 
tated from acting. 

Sec. 1146. Judges and Clerks may administer oaths. Any 

member of the Board, or either Clerk thereof, may administer 
and certify oaths required to be administered during the prog¬ 
ress of an election. 

Sec. 1148. Board and Clerks to be sworn. Before opening 
the polls, each member of the Board and each Clerk must take 
and subscribe an oath to faithfully perform the duties imposed 
upon them by law. Any elector of the township may admin¬ 
ister and certify such oath. 

Sec. 1149. Board to post copies of precinct register. Before 
opening the polls the board must post, in some separate, con¬ 
venient places, easy of access, not less than four printed copies 
of the precinct registers, as last printed. 

Sec. 1150. Copies not to be torn or defaced. The copies so 
posted must be maintained during the whole time of voting, 
and must not in any manner be torn or defaced. 


POLITICAL CODE 


-101 


Sec. 1151. Board of Election for each special election pre¬ 
cinct. The board or governing body charged with the conduct 
of elections shall appoint a Board of Elections for each special 
election or consolidated election precinct, to consist of two in¬ 
spectors, two judges, and two clerks, for each municipal election 
provided for by Section 1044 of this Code, and a Board of 
Election for each such precinct to consist of one inspector, one 
judge, and two clerks for every special election provided for in 
said Section 1044 of this Code, who shall apportion among 
themselves the work and labor required to conduct such elec¬ 
tion within their respective election precincts. But one poll 
list, one tally list, and one copy of such tally list, as provided 
for in Section 1261 of the Political Code, need be kept, and but 
one book of original affidavits of registration. These shall be 
returned to the proper officers with the official returns, in 
the same manner provided for the returns at a general election. 
Said election officers are to be appointed equally between the 
two political parties which, respectively, cast the highest and 
next highest number of votes for Governor at the last preceding 
general State election. (x\mendment approved January 9, 1912. 


OPENING AND CLOSING THE POLLS. 

Sec. 1160. Polls, opening and closing of. The polls must 
be opened at six o’clock a. m. of the day of election, and must 
be kept open until seven o’clock p. m. of the same day, when 
the polls shall be closed, except as provided in Section 1164 of 
this Code. (iVmendment Approved May 22, 1913.) 

Sec. 1162. Ballot box to be exhibited. Before receiving any 
ballot the board must, in the presence of any persons assembled 
at the polling place, open and exhibit and close the ballot box; 
and thereafter it must not be removed from the polling place or 
presence of the bystanders until all the ballots are counted, nor 
must it be opened until after the polls are finally closed. 

Sec. 1163. Proclamation at opening the polls. Before the 
board receive any ballots, they must cause it to be proclaimed 
aloud at the place of election that the polls are open. 

Sec. 1164. Rights of voters at closing-time. When the polls 
are closed, that fact must be proclaimed aloud at the place of 
election; and after such proclamation, no ballot must be re¬ 
ceived ; provided, however, that if at the hour of closing there 
are any other voters in the polling place, or in line at the door, 
who are qualified to vote and have not been able to do so since 
appearing, the polls shall be kept open a sufficient time to 
enable them to vote. But no one who shall arrive at the poll¬ 
ing place after seven o’clock in the afternoon shall be entitled 
to vote, although the polls may be open when he arrives. 
(Approved May 22, 1913.) 


Poll lists 
and tally 
lists, how 
many. 


Election 
officers, how 
apportioned. 


Proclamation 
at closing 
the polls. 



POLITICAL CODE 




POLL-LISTS. TALLY-LISTS. 


Sec. 1174. Form of poll-lists and tally-lists. The following 
is the form of poll-lists and tally-lists to be kept by Boards 
and clerks of election: 


Poll-Lists. 

Of the election held in the Precinct of -, in the County 

of-, on the-day of-, in the year A. D. one thousand 

eight hundred and -. A. B., C. D., and E. F., Judges, and 

G. H. and J. K., Clerks of said election, were respectively sworn 
(or affirmed), as the law directs, previous to their entering on 
the duties of their respective offices. 


Poll lists, 
form of. 


Tally listfc 
form of. 


Number and Name of Electors Voting. 


No. 

Name 

No. 

Name 

1 

A. B. 

3 

E. F. 

2 

C. D. 

4 

G. H. 


We hereby certify that the numbers of electors voting at this 

election amounts to-. 

Attest : 

G. H., A. B., 

J. K., C. D., 

Clerks. E. F., 

Board of Election. 


Tally-Lists. 

Names of persons voted for, and for what office, containing 
the number of votes given for each candidate: 


Governor 

Representa¬ 
tive in 
Congress 

Members of the Legislature 

Senate 

Assembly 






We hereby certify that A. B. had - votes for Governor, 

and C. D. had - votes for Governor; that E. F. had _ 

votes for Representative in Congress etc 

G. H., ’ A. B., 

J. K., c. D., 

Clerks. E. F., 

Board of Election. 

Sec. 1175. Tally-lists and papers that are not to be rejected 
for want of proper form. No list, tally, paper, or certificate 
returned from any election must be set aside or rejected for 






























POLITICAL CODE 


103 


want of form, nor on account of its not being strictly in accord¬ 
ance with the directions of this tjtle if it can be satisfactorily 
understood. 


ELECTION TICKETS AND BALLOTS. 

Sec. 1185. Ballots and other printing to be at public ex¬ 
pense. All ballots cast in elections for public officers within 
the state shall be printed and distributed at public expense, 
as hereinafter provided. The printing of general tickets and 
cards of instruction to electors of each county, and the delivery 
of the same to the election officers, shall be a county charge, 
the payment of which shall be provided for in the same manner county 
as the payment of other county expenses; and the printing 
and delivering of “municipal tickets,” and also in case of sep¬ 
arate elections for city, city and county, or town officers, the 
printing and delivering of cards of instruction, shall be a charge city or 
upon the respective city, city and county, or town in which wh?n.^’ 
such “municipal tickets” and cards of instruction are to be used, 
the payment of which shall be provided for in the same manner 
as the payment of other city, city and county, or town ex¬ 
penses. 

Sec. 1188. Nomination of candidates otherwise than by 
primary election. A candidate for any public office for which 
no non-partisan candidate has been nominated at any pri¬ 
mary election may be nominated subsequent to said pri¬ 
mary election, or in lieu of any primary election, in the 
manner following: a nomination paper containing the name 
of the candidate to be nominated, with other information 
required to be given in the nomination papers provided for 
in the direct primary law then governing primary elections, 
shall be signed by electors residing within the district or 
political subdivision for which the candidate is to be pre¬ 
sented, equal in number to at least one per cent of the entire 
vote cast at the last preceding general election in the State, 
district or political subdivision for which the nomination is to 
be made, subject to the restrictions contained in said direct 
primary law. For the purpose of this section the provisions of 
said direct primary law, as said sections apply to the nominees 
for non-partisan offices, shall substantially govern as to the 
manner of the appointment of verification deputies, the form of 
nomination papers and the securing of signatures thereto, and 
fastening together of sections of the nomination paper contain¬ 
ing such signatures, and the filing thereof with the County 
Clerk, or the certification thereto by the County Clerk and trans¬ 
mission thereof to the secretary of state or to the city clerk or 
secretary of the legislative body of any municipality, as the case 
may be, the filing of the candidate’s affidavit, the payment of a 
filing fee, and all other things necessary to get the name of a 
candidate under this section upon the ballot, except that such 



104 


POLITICAL CODE 


provisions shall be directed toward getting the candidate’s name 
on the ballot for a general or municipal election of a special 
election and not on the ballot for nomination at a primary elec¬ 
tion. In addition to the other matter required to be set forth 
on the candidate’s nomination paper, it must also be set forth 
that each signer thereof did not declare his affiliation with any 
political party at the primary election immediately preceding; 
provided, that this statement shall be omitted in case no candi¬ 
date was nominated at said primary election for the public 
office mentioned in said nomination paper. 

Upon the filing of a sufficient nomination paper and affi¬ 
davit by any candidate nominated under the provisions of this 
section and the payment of the filing fees as hereinbefore pro¬ 
vided, the name of such candidate shall go upon the ballot at 
the ensuing general or municipal election according to the pro¬ 
visions of section 1197 of this code. (Amended March 23, 1901, 
March 19, 1907, April 12, 1911, June 14, 1913, April 28, 1915.) 

Sec. 1191. Certificates of nomination, to be preserved for a 
period of two years. The Secretary of State shall preserve in 
his office for a period of two years all certificates of nomination 
filed therein under the provisions of this Code; and each 
County Clerk shall preserve in his office for a like period all 
certificates of nomination filed therein under the provisions of 
this Code; and each Clerk or Secretary of the legislative body 
of any incorporated city or town shall for a like period pre¬ 
serve in his office all certificates of nomination filed therein 
under the provisions of this Code. 

Sec. 1192. Certificates of nomination, time of filing. 
(Amendment approved June 14, 1913.) Certificates of 

nomination required to be filed with the Secretary of State, 
or with the County Clerk, shall be filed not more than 
sixty days and not less than thirty-five days before the day of 
election, when the nomination is made by electors as pro¬ 
vided in section 1188 of this code. Certificates of nomination 
required to be filed with the Clerk or Secretary of the legislative 
body of any city or town, shall be filed not more than fifty 
days nor less than twenty days before the day of election, 
when the nomination is made by electors as provided in section 
1188 of this code. [Amended March 23, 1901, April 12, 1911, 
June 14, 1913.] 

Sec. 1193. The Secretary of State, the County Clerk, and the 
Clerk or Secretary of the legislative body of any municipality 
shall preserve for a period of two years in their respective 
offices all nomination papers filed therein under the provisions 
of law, and shall thereafter destroy the same unless they have 
been introduced in evidence in some action or proceeding then 
pending. (Approved April 28, 1915.) 


POLITICAL CODE 


105 


Sec. 1194. The Secretary of State shall preserve for a period 
of four years in his office all initiative, referendum and recall 
petitions filed therein under the provisions of law and shall 
thereafter destroy the same unless they have been introduced in 
evidence in some action or proceeding then pending. 

Sec. 1195. Proposed constitutional amendments, how sub¬ 
mitted. Whenever the Legislature shall propose any amend¬ 
ment to the Constitution of this State or any other proposition 
to be voted upon by the electors of the State, the author of such 
amendment or proposition and one member of the same house 
who voted with the majority on the submission of such amend¬ 
ment or proposition, shall be appointed as a committee of two 
by the presiding officer of such house, before the adjournment 
of the Legislature, to draft an argument giving the reasons for 
the adoption of such amendment or proposition, which argu¬ 
ment shall be not more than five hundred words in length. If 
the author of such amendment or proposition shall desire 
separate arguments to be written in favor thereof by each mem¬ 
ber of the committee, such separate arguments may be written, 
but the combined length of the two arguments shall not be more 
than five hundred words. At the same time said committee of 
two is appointed, one member of the same house who voted 
with the minority against the submission of such amendment 
or proposition, if there was any such minority vote, shall be 
selected by the presiding officer of such house as a committee 
of one to write an argument against such amendment or propo¬ 
sition, and such argument shall be not more than five hundred 
words in length. These articles shall be submitted to the 
Secretary of State within ninety days after the adjournment of 
the Legislature, subject to amendment or change by the com¬ 
mittee respectively submitting them at any time within one year 
after such adjournment, such amendment to be substituted by 
the Secretary of State in lieu of the original. In case either 
the argument for or the argument against such amendment has 
not been filed by a member of the Legislature within one year 
from the final adjournment of the Legislature or in case no 
committee was appointed to write it, any elector may request 
the presiding officer of the house in which said amendment 
originated for permission to prepare and file an argument for 
such amendment or proposition, and any other elector may 
request such officer for permission to prepare and file an argu¬ 
ment against the same. The presiding officer of such house 
shall grant such permission, or, if there be more than one 
elector requesting such permission, he shall designate the person 
to prepare and file such statement, either for or against such 
amendment or proposition, or both for and against, as the 
case may be. 

Sec. 1195a. Contents of pamphlet for advertising consti¬ 
tutional amendments, etc. The Secretary of State shall cause 
to be printed at the State Printing Office one and one-fifth 


106 


POLITICAL CODE 


times as many pamphlets as there are registered voters in the 
State. Such pamphlets shall contain a complete copy of all con¬ 
stitutional amendments, propositions and measures submitted 
to a vote of the electors of the State by the Legislature, or by 
initiative or referendum petition, a copy of the corresponding 
constitutional or statutory provisions as then in force, if any, 
and a copy of the statements provided for in section 1195 in this 
code and in section 1, article IV of the constitution of the State 
of California. The parts of the proposed amendments differing 
from the existing provisions shall therein be distinguished in 
print, so as to facilitate comparison. All questions, propositions, 
measures and constitutional amendments which are to be sub¬ 
mitted to a vote of the electors shall be printed in said pam¬ 
phlets, so far as possible, in the same order, manner and form 
in which the same shall be designated upon the ballot and 
shall be designated thereon by the respective ballot titles or 
designations which may be provided therefor. Said ballot titles 
shall be numbered consecutively and printed on the pamphlets 
herein referred to immediately prior to the particular question, 
proposition, measure or constitutional amendment therein re¬ 
ferred to. There shall also be printed on said pamphlets the 
copy of said ballot title or designation as the same will appear 
on the ballots when voted on in the order and with the proper 
number which ballot title or designation shall be the method by 
which said questions, propositions and constitutional amend¬ 
ments shall be designated on the ballots. (Amended May 27, 
1915.) 

Sec. 1195b. The (Secretary of State shall duly, and not less 
than thirty days before the election next ensuant at which such 
amendments, propositions, measures or questions are to be 
voted on, certify such pamphlet and the matters contained 
therein and furnish each County Clerk in the State with one 
and one-fifth times as many copies of such pamphlets as there 
are registered voters in his county. The clerk of each county 
shall not more than twenty-five days, nor less thaa fifteen days 
prior to said election cause to be mailed to each voter a copy of 
such pamphlet and no other publication of such amendments, 
propositions, measures, questions or statements shall be neces¬ 
sary or authorized. Three copies of such pamphlets, to be 
supplied by the Secretary of State, shall be kept at every polling 
place, while an election is in progress, so that they may be 
freely consulted by the electors. (Approved May 27, 1915.) 

Sec. 1196. County Clerk to provide ballots. Except as in 
this Code otherwise provided, it shall be the duty of the County 
Clerk of each county to provide printed ballots for every elec¬ 
tion of public officers, except elections for city or town officers, 
in which electors, or any of the electors, within the county 
participate, and to cause to be printed in the appropriate ballot 
the name of every candidate whose name has been certified to 
or filed with the County Clerk, in the manner provided for by 


POLITICAL CODE 


107 


law, together with the names certified by the Secretary of State 
to have received in the respective parties, the highest number 
of votes for United States Senator. Ballots other than those 
printed by the respective County Clerks, or the Clerk or 
Secretary of the legislative body of any incorporated city or 
town, according to the provisions of this Code, shall not be 
cast nor counted at any election. It* shall be the duty of the 
County Clerk of any consolidated city and county to provide 
separate ballots for every election for city and county officers 
in which the electors, or any. of the electors, of such city 
and county participate, and to cause to be printed on such sep¬ 
arate ballots the name of every candidate for a city and county 
office whose name has been filed with the proper officer in 
the manner provided by law. It shall be the duty of the Clerk 
or Secretary of the legislative body of any incorporated city or 
town to provide separate ballots for every election for city or 
town officers in which the electors, or any of the electors, of 
such city or town participate, and to cause to be printed in 
such separate ballots the name of every candidate whose name 
has been filed with such Clerk or Secretary in the manner pro¬ 
vided for by law. All ballots shall be not to exceed twenty- 
four inches in length, and shall be of sufficient width to con¬ 
tain in parallel columns four inches in width the names of all 
candidates nominated, and below the printed list of candidates 
for each office, the necessary blank space or spaces to permit 
an elector to write in the names of persons whose names are 
not printed on the ballot, and to contain in a separate column 
or columns of sufficient width statements of all questions, 
propositions or constitutional amendments to be submitted to 
vote of the electors, and shall be printed on tinted paper fur¬ 
nished by the Secretary of State. It shall be the duty of the 
Secretary of State to obtain, and keep on hand, a suffjcient 
supply of paper for ballots, and to furnish the same, in quanti¬ 
ties ordered, to any County Clerk, or Clerk, or Secretary of the 
legislative body of any incorporated city or town, upon pay¬ 
ment by them of the cost of such paper. Such paper shall be 
watermarked with a design to be furnished by the Secretary of 
State, in such manner that the said watermark shall be plainly 
discernible on the outside of such ballot when folded accord¬ 
ing to law. Such design shall be kept secret from all persons 
not engaged in the preparation, printing, or distribution of the 
paper or ballots, until the day of election. Such design shall be 
changed for each general election, and the same design shall 
not to be used again at any general election within the space of 
fourteen years; but at any special or separate local election, pa¬ 
per marked with the design used at the previous election may be 
used. Nothing in this Code contained shall prevent any voter 
from writing upon his ballot the name of any person for whom 
he desires to vote for any office, and such vote shall be counted 
the same as if printed upon the ballot, and marked as voted for. 
(Amendment approved March 20, 1911.) 


Separate 

ballots. 


City Clerk 
to provide 
ballbts. 


Size of 
ballots. 


Ballot 
paper must 
be furnished 
by the 
Secretary of 
State. 


Watermark. 


Secrecy of 
design. 

Watermark 
design, when 
changed. 


Voter may 
write in 
name on 
ballot. 


108 


POLITICAL CODE 


Names of 
candidates. 


Order of list 
of officers. 


Officers 
voted for 
throughout 
state. 


Presidential 

electors. 


Voting space. 


Sec. 1197. Ballot Law, form of ballot. (Amendment 
approved June 14, 1913.) There shall be provided at 

each polling place, at each election at which public offi¬ 
cers are voted for, but one form of ballot for all the candi¬ 
dates for -public office, and every ballot shall contain the names 
of all the candidates whope nominations for any office specified 
on the ballot have been duly made and not withdrawn, as pro¬ 
vided by law, together with the title of the office arranged to con¬ 
form as nearly as practicable to the plan hereinafter set forth. 

2. The order in which the’list of officers shall appear on 
the ballot shall, as to State offices and district offices, when the 
district includes more than one county, be determined by the 
Secretary of State, and shall as nearly as may be practicable, 
be the same for all counties. The order in which the list of 
county offices or district offices embracing one county or 
less, shall appear on the ballot, shall be determined by the 
County Clerk. 

(a) If the office is an office the candidates for which are to 
be voted on throughout the entire State, including United 
States Senator in Congress, the Secretary of State shall arrange 
the names of all candidates for such office in alphabetical order 
for the first assembly district; and thereafter, for each succeed¬ 
ing assembly district, the name appearing first for each office in 
the last preceding district shall be placed last, the order of the 
other names remaining unchanged; provided, however, that the 
names of candidates for the office of electors for President and 
Vice-President shall be arranged in groups as presented in the 
several certificates of nomination, and the Secretary of State 
shall arrange such groups for the first assembly district in the 
alphabetical order of the names standing at the head of each 
of such groups as the first name therein; and, thereafter, for 
each* succeeding assembly district, the group appearing first 
shall be placed last, the order of the other groups remaining un¬ 
changed ; but the order of the names within each of the several 
groups shall remain the same as presented in the several 

certificates of nomination and shall remain the same for all 

assembly districts. A blank column one-half inch wide shall 
be left upon the ballot opposite each group of names of can¬ 
didates for electors for President and Vice-President, and 

to the right of the column of voting squares for the individual 
names and separated from it by a light dotted line, which 
blank column shall contain a square in which may be stamped a 
cross (X) which shall be counted as a vote for each and every 
name in the group opposite. Lengthwise along this blank 
column shall be printed in heavy face type ‘‘A cross (X) 

stamped in this square shall be counted for each name of the 
group to the left.” The line separating any group of names 
from any other group -shall be heavier than any line separating 
the individual names in each group, and shall extend ac’-oss the 
blank column provided for in this paragraph. Below the too 


POLITICAL CODE 


100 


line of this extension shall be printed in small heavy face 
type the words “top of groups,” and above the bottom line of 
the extension, the words “end of group.” If the office is that 
of representative in Congress, or is an office the candidates 
for nomination to which are to be voted on in more than one 
county or city and county, but not throughout the entire 
State, except the office of State Senator or Assemblyman, the 
Secretary of State shall arrange the names of all candidates for 
such office in alphabetical order for that assembly district 
which is lowest in numerical order of any assembly district in 
which such candidates are to be voted on, and thereafter for 
each succeeding assembly district in which such candidates 
are to be voted on, the name appearing first for such office 
in the last preceding district shall be placed last, the order of 
the other names remaining unchanged. 

In certifying to each County Clerk or Registrar of Voters 
the list of names as required in section 42 of the direct 
primary law the Secretary of State shall certify and transmit 
the list of candidates for each office according to assembly 
districts in the order of arrangement as determined by the 
above provisions; and in case of each county or city and county 
containing more than one assembly district, he shall transmit 
separate lists for each assembly district. Except for the office 
of State Senator or Assemblyman, the order in which the 
names so certified shall appear upon the ballot, shall be for^each 
assembly district the order as determined by the Secretary of 
State in accordance with the above provisions, and as certified 
and transmitted by him to each County Clerk or Registrar of 
voters. 

(b) If the office is an office to be voted on wholly within one 
county or city and county, and throughout such county or city 
and county, except the office of Representative in Congress or 
State Senator or Assemblyman, the County Clerk or Registrar 
of Voters shall arrange the names of all candidates for such 
office in alphabetical order for the first supervisorial district; 
and thereafter for each supervisorial district, the name appear¬ 
ing first for each such office in the last preceding supervisorial 
district shall be placed last, the order of the other names re¬ 
maining unchanged; provided, that there are no more than five 
assembly districts in such county, .or city and county. If there 
are more than five assembly districts in such county or city and 
county, the County Clerk or Registrar of Voters shall so ar¬ 
range on the ballot the order of names of all candidates for 
such office that they shall appear in alphabetical order for that 
assembly district in such county, or city and county, which is 
lowest in numerical order, and thereafter for each succeeding 
assembly district in such county, or city and county, the name 
appearing first for each office in the last preceding assembly 
district shall be placed last, the order of the other names re¬ 
maining unchanged. 


Officers 
voted for in 
more than 
one county. 


Certifying 
list to 

county clerks. 


Officers 
voted for in 
one county. 


110 


POLITICAL CODE 


Order in 
which 

propositions 
to be voted 
for shall 
appear on 
ballot, 
determined 
by Secretary 
of State. 


Ballot titles 
for initiative 
questions. 


Attorney 
General 
to provide 
ballot title. 


(c) If the office is that of State Senator or Assemblyman, 
or any office except the office of Representative in Congress 
to be voted on wholly within any county or city and county, 
but not throughout such county or city and county, the names 
of all candidates for such office shall be placed upon the ballot 
in alphabetical order. 

(d) If the office is a municipal office in any city or town 
whose charter does not provide for the order in which names 
shall appear on the ballot, the names of candidates for such 
office shall be placed upon the ballot in alphabetical order. 

(e) If a candidate shall be nominated under section 1188 of 
the Political Code, the word “Independent” shall be printed to 
the right of his name. 

3. The order in which all questions and propositions (in¬ 
cluding proposed laws and constitutional amendments), which 
are to be submitted to the vote of the electors, shall appear 
upon the ballot shall be determined by the Secretary of State, 
and such questions and propositions shall be numbered con¬ 
secutively on the ballot. The Attorney General shall pro¬ 
vide and return to the Secretary of State a ballot title or 
designation by which all such questions, propositions, pro¬ 
posed laws and constitutional amendments shall be designated 
upon the ballot; provided, however, any person who is inter¬ 
ested in any question, proposition, proposed law or consti¬ 
tutional amendment, the petition as to which is being circulated 
for the purpose of having the same submitted under an 
initiative petition, as provided in section one of article IV 
of the constitution, to a vote of the electors, or any pro¬ 
posed constitutional amendment to be submitted to a vote 
of the electors, may, at any time prior to one hundred and 
thirty days before the election at which such question, propo¬ 
sition, proposed law or constitutional amendment is to be 
submitted to a vote of the electors, file a copy of said question, 
proposition, proposed law or proposed constitutional amend¬ 
ment with the Secretary of State, together with a request 
that a ballot title be prepared for the same; such request 
shall be accompanied with the address of the person or asso¬ 
ciation of persons proposing such measure. The Secretary of 
State shall forthwith transmit a copy of said question, propo¬ 
sition, proposed law or constitutional amendment to the At¬ 
torney General. Within ten days after the same is filed with 
him, said Attorney General shall provide and return to the 
Secretary of State a ballot title for said measure. The ballot 
title may be distinguished from the legislative or other title 
of the measure and shall express in not exceeding one hundred 
words, the purpose of the measure. In making such ballot title, 
the Attorney General shall give a true and impartial statement 
of the purpose of the measure and in such language that the 
ballot title shall not be an argument or likely to create prejudice 
either for or against the measure. Immediately upon receipt 


POLITICAL CODE 


111 


of the ballot title as prepared by the Attorney General, the 
Secretary of State shall mail to any and all persons who may 
have requested the preparation of such ballot title, a notice 
addressed to such person or persons at the address accompany¬ 
ing such request, stating that the Attorney General has made 
and returned such ballot title, which notice shall also contain 
a copy of the ballot title as prepared by the Attorney General. 
Any person who is dissatisfied with the ballot title prepared by 
the Attorney General for any such question, proposition, pro¬ 
posed law or constitutional amendment may, after the same 
has been returned to the Secretary of State as hereinbefore 
provided, and within ten days after said notice shall have been 
mailed by the Secretary of State, as above provided, file in 
writing with the Secretary of State his objections, who shall 
forthwith file a copy of such question, proposition, proposed 
law or constitutional amendment, together with the title thereof 
as so prepared by the Attorney General and the said ob¬ 
jections thereto, with the Board of Title Commissioners, which 
board shall consist of the three Justices of the District Court of 
Appeal of the State of California, in and for the third appellate 
district, who shall be ex-officio title commissioners for the 
purposes of this act and which board is hereby created; said 
board shall fix a time at which any person may be heard 
either for or against the objection so made and shall notify 
all persons of the time so set and thereupon said Board of Title 
Commissioners shall proceed to consider the said title pre¬ 
pared by the Attorney General and the objections filed thereto, 
and shall prepare a title by which such question, proposition, 
proposed law or constitutional amendment shall be designated 
upon the ballot. Said title commissioners shall certify the 
said designation to the Secretary of State within - ten days 
after said written objections have been received by them. The 
determination by the said Board of Title Commissioners shall be 
final and conclusive. Such questions, propositions, proposed 
law and constitutional amendments shall be designated on the 
ballot by the said ballot title certified to the Secretary of State 
by the said Attorney General, or in case a diflferent title has 
been prepared, certified and filed by the said Board of Title 
Commissioners, then such title shall be the title and designation 
by which any such question, proposition, proposed law or con¬ 
stitutional amendment shall be designated upon the ballot. 

4. All ballots shall be not to exceed twenty-four inches in 
length, and shall be four inches in width and as many times 
such width as may be necessary to contain the names of all 
candidates nominated, with proper blank spaces to allow the 
voter to write in names not printed on the ballot, and also a 
separate column or columns of sufficient width for statements 
of all questions, propositions or constitutional amendments 
submitted to vote of the electors. Each group of candidates 
to be voted on shall be headed by the designation of the office 


Objections to 
ballot title. 


Board of 
title com¬ 
missioners. 


Determina¬ 
tion of 
board shall 
be final. 


Size of 
Ballot, etc. 


112 


POLITICAL CODE 


Type. 


Names not 
to be 
separated. 


Borders, 
perfora¬ 
tions, etc. 


and the words “vote for one” or “vote for two” or more, accord¬ 
ing to the number to be selected to such office; such designation 
of the office and of the number of candidates to be voted for 
shall be printed in heavy faced gothic type not smaller than 
ten point. The word or words designating the office shall be 
printed flush with the left-hand margin and the words “vote 
for one” or “vote for two” or more, as the case may be, shall 
extend to the extreme right of the column and over the voting 
square. The designation of the office and the directions for 
voting shall be separated from the names of the candidates by 
a light line. The names of the candidates for such office shall 
be printed in eight point roman type (capitals) in proper order 
below the designation of the office, and, in the case of con¬ 
gressional offices or the office of elector of president and vice- 
president, in the same line in which the name of the candidate 
is printed and at the right of the name, or immediately below 
the name if there shall not be sufficient space to the right 
thereof, shall be printed in eight point roman type (lower case) 
the designation of the political party or parties by or on behalf 
of which such candidate has been nominated. The name of 
the candidate and the designation of the political party or 
parties by which he has been nominated shall be printed in a 
space one-half inch in depth, and shall be defined by light 
horizontal ruled lines, with a blank space on the right thereof 
one-half inch square, which blank space (called the voting 
square) shall be made use of by tjie voter to designate, by 
stamping a cross (X) therein and after the name of the 
candidate, his choice of particular candidates. 

5. The names of the candidates for an office shall not be 
separated from each other on the ballot by names of candidates 
for any other office, and the list of candidates for each office 
shall be separated from the list of candidates for other offices 
by a double rule above and below such list. Each series of the 
lists of candidates for the several offices shall be headed by the 
word “state,” “congressional,” “legislative,” “county,” or 
“municipal” or other proper general classification, as the case 
may be, printed in heavy faced gothic capital type, not smaller 
than twelve point, each such word being separated from the 
names of the candidates beneath by a three-point line. 

6. The left-hand side of each column of names on the ballot 
and also the right-hand side of each column of voting squares, 
shall be bordered by a broad printed line one-twelfth of an 
inch wide, and the edge of the ballot on the left-hand side 
thereof shall be trimmed off up to the first border or solid line 
on the left-hand side of the ballot, and on the right-hand side 
of the ballot shall be perforated along the border or solid 
line above described. The ballot shall be so printed as to give 
each voter a clear opportunity to designate by stamping a cross 
(X) in a blank enclosed space hereinbefore designated as the 
voting square, on the right of and after the name of each can- 


POLITICAL CODE 


118 


(lidate whose name is printed on the ballot, his choice of par¬ 
ticular candidates, or his choice of each and all of a group 
of candidates as provided -in subdivision 2 of this section. The 
ballot shall be printed on the same leaf with a stub and sep¬ 
arated therefrom by a perforated line across the top of the 
ballot. On each ballot a perforated line shall extend from top 
to bottom, along the border or solid line hereinbefore described, 
one-half inch from the right-hand side of the ballot, and upon 
the half-inch strip thus formed there shall be no printing except 
the number of the ballot, which shall be upon the back of 
such strip in such position that it will appear on the outside 
when the ballot is folded. The number on each ballot shall 
be the same as that on the corresponding stub, and the ballots 
and stubs shall be numbered consecutively in each county. All 
ballots printed by County Clerks or Registrars of Voters other 
than the separate ballots containing the names only of candi¬ 
dates for city and county offices, printed by the County Clerks 
or Registrars of Voters of consolidated cities and counties, 
shall have printed on the back, below the stub and immediately 
at the left of the center of the ballot, in eighteen-point gothic 
capitals, the words ‘‘general ticket,” and underneath the re¬ 
spective number of congressional, senatorial and assembly dis¬ 
tricts in which each ballot is to be voted; and all ballots 
printed by County Clerks or Registrars of Voters of con¬ 
solidated cities and counties containing the names of can- 
dates for city and county offices, and also all ballots printed 
by the Clerks, Registrars of Voters or Secretary of a legislative 
body or any incorporated city or town, shall have printed in 
the same manner, on the back, the words “municipal ticket.” 
All municipal ballots shall be printed upon paper of a different 
tint from that of the general ballot. 

7 . All of the ballots of the same sort prepared by any 
County Clerk or Registrar of Voters, or Clerk or Secretary of a 
legislative body, or other person having charge of the pre¬ 
paring of such ballots, for the same polling place, shall be pre¬ 
cisely the same size, arrangement, quality and tint of paper, and 
kind of type, and shall be printed with black ink of the same 
tint, so that without the numbers on the stubs it shall be im¬ 
possible to distinguish any one of the ballots from the other 
ballots of the same sort; and the names of all candidates 
printed upon the ballot shall be in type of the same size and 
character. 

8. If two or more officers are to be elected for the same 
office for different terms, the term for which each candidate 
for such office is nominated shall be printed on the ballot as 
a part of the title of the office. If at a general election an 
office is to be filled for a full term, and also for a vacancy 
in another term, the list of candidates for the full term shall 
be placed on the ballot under the designation of the office with 
the words “full term” printed immediately thereafter, and the 


Number on 
ballot to 
correspond 
with number 
on stub. 


General 

ticket. 


Municipal 

Ticket. 

On paper of 
a different 
tint. - 


Ballots of 
same size, 
print, etc. 


Two or more 
officers to 
be elected 
for same 
office for 
different 
terms. 


Full term. 


114 


POLITICAL CODE 


Short Term. 


Column for 
propositions. 


Directions to 
be printed at 
top of ballot. 


list of candidates to fill the vacancy shall be placed on the 
ballot under the designation of the office with the words “short 
term” printed immediately thereafter. 

9. Whenever any question, proposition or constitutional 
amendment is to be submitted to the vote of the electors, there 
shall be printed at ‘the right of the last column of names of 
candidates, another column of sufficient width, with voting 
squares in which such question, proposition or constitutional 
amendment shall be designated, which designation shall consist 
of a statement prepared as hereinbefore provided for and 
opposite such question, proposition or constitutional amend¬ 
ment to be voted on, in separate lines, the words “Yes” and 
“No” shall be printed. If an elector shall stamp a cross (X) 
in the voting square after the printed word “Yes,” his vote 
shall be counted in favor of the adoption of the question, 
proposition or constitutional amendment; if he shall stamp a 
cross (X) after the printed word “No,” his vote shall be 
counted against the adoption of the same. 

10. On the top of the face of the ballot, the following di¬ 
rections shall be printed: 


Instructions to Voters: 

To vote for a candidate of your selection, stamp a cross 
(X) in the voting square next to the right of the name of such 
candidate. Where two or more candidates for the same 
office are to be elected, stamp a cross (X) after the name 
of all the candidates for that ofifce for whom you desire to 
vote, not to exceed, however, the number of candidates who 
are to be elected. To vote for a person whose name is not on 
the ballot, write the name of such person under the title of the 
office in the blank space left for that purpose. In the case 
of a name written on the ballot, it is optional, but not necessary, 
to stamp a cross after such name. To vote on any question, 
proposition or constitutional amendment, stamp a cross (X) 
in the voting square after the word “Yes” or after the word 
“No.” All marks, except the cross (X) are forbidden. All 
distinguishing marks or erasures are forbidden and make the 
ballot void. If you wrongly stamp, tear or deface this ballot, 
return it to the Inspector of Election and obtain another. In elec¬ 
tions when electors of President and Vice-President of the 
United States are to be chosen, there shall be placed upon the 
ballot in addition to the instructions to voters as above pro¬ 
vided, an additional instruction as follows: To vote for all of 
a group of persons, stamp a cross (X) in the square opposite 
such group, this instruction appearing immediately before the 
words: “To vote for a person whose name is not on the 
ballot.” 



POLITICAL CODE 


115 


11. Except as to the order of the names of candidates, the 
ballots shall be printed substantially in one of the followin 


forms, according as the election is a 
dential election: 


gubernatorial or a presi- 


GENERAL TICKET 

First Congressional District 
First Senatorial District 
First Assembly District 


•(yq ■ 



POI.ITICAL 


CODK 


Ilf) 


INSTRUCTIONS TO VOTERS: 


To vote for a candidate of your seiecptlon stampa cross (X)in the voting square next to i 
She right of the name of such candidate. Where two or more candidates for the same 
office are to be elected, stamp a cross (Xl after the names of all the candidates for 
that office for whom you desire to vote.^not to exceed, however, the ^.number of 
candidates who are to be elected. To vote for a person whose name is not on the ballot, w.ite the name of such person under the title of the office 
in the blank space left for that purpose. In the case of a name written on the ballot, it is optional, but not necessary, to stamp a cross after such 
name. To vote on any question, proposition or constitutional amendment, stamp a cross (X) in the voting square after the word Yes” or after 
the word '*No.'* All marks, except the cross (Xl are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. 

If you wrongly stamp, tear or deface this ballot, return it to the Inspector of Election and obtain another. 


STATE 1 

fiotdkor Wk hr Im 1 

THOMAS G. ADAMS 


JOHN C KELLY 

1 


1 1 

1 1 

baMr—t OowTROc tabhflH 1 

a DEAN 


H- DUFFY 




SMary of $toU MokrEMl 

ARCH DENNY 

■ 

CLAUD PIERSON 




CoMrofcr Ilk hr lit ^ 

TOMES JOHNS 


TlENRy SIMPSON 




Trourer Hk Id toi | 

EDGAR ALLEN 

■ 

1 



ABorocy OeserM Ikt hr 6» | 

JOHN MASTERS 




Surveyor Cejwrd lik hi Om | 

WILLIAM FULLER 


JOHN KANE 




Mkoha' State of fqogiTotioo I 

TM Oikrirt feh to Em | 

JAMES HANDLEY 





CONGRESSIONAL 


SCHOOL 


U«U4 SUIfi S«Mt»r 




tMc torOat 


Questions and Propositions Submitted to 
Vote of Electors 


JOHN McCULLOCK 
Procresuve fUpubbcaa 


BUSTACE SRICHT 


T H. MESJCHART 
Owaoerw 


SUiTHSON SNELL 


CALUNO CONVENTION FOR REVISION OP CONSTITUTION. 
At»« 0 »biy CoAcurreni Rooluiiofl If R«ocnmrnd* that eleciort v^c 
for or araiaat a coBvrntton for r«ria<»s (he <o«i»tit«iioti. provi^a 
that if majority vote in favor rhereof. the tcguUtare ahall at out 
provide (or elertion of dolegatei to ttKb convcBtion and the 
bolding thereof at »iate capitol withto three nontha from date of 
ejection eaUmc the tame, and that it abail (oniinuc rn arteion until 
it bat compleicd the norli of reviaton and provided (or lubtstaaion 
thereof to eiccio'v 


A. U CURTIS. SooaJiat 


JOHN OAVIS, Prahibtuoo 


Comity St^uMenSenl 
of Schoots 


Vote for Ooe 


(^ORCE DREW 
lodepeodt 


M HUGHES 


PROHIBITION. Initiative amendment adding leetioot 26 and 17 to 
article I of cooetituiron Prohibits the manufacture, sale. gift, or 
iramportaiion wholly •ithin the stale, of intoaicaljag iiouor, permtts 
any ciliaen to enjnm violations, makes the showing that the manit 

Z facittre. use. sale, jnft or transportation was for medKinal, scienti^c. 
mechanical or sacramental purposes, a defense to civil and crim<cul 
actions, and require* regulation by law of such acts for sa>d pirt- 
poses, prohibits transpoftaiion into (bis state of inioaxating liquor, 
unless showQ to be lor such piirposea, subject, however, lo United 
States laws, prescribes and authontes penalties. 


RepreenM^ ■ Codfrtss, 

first Codyressiodd bstnd Idh l« Ih 


COUNTY 


ENCtL SCHLOSS. 
Republican 


ROBERT WnCART 


ShtfifI 


M ENDEN 


VpU t«r One 


EIGHT HOUR LAW. Initiative act adding section to the Penal 

Code. Declares it a misdemeanor, punishable by fne or imprison, 
meot in county jail-bk 'loth. for any employer to require or permit, 
or to snfler or permit his osersecr, superintendent, (nreman or other 
1 aieni to require o( permit, any person in his employ to work mote 
'7 than eight hours in one day. or more than (oriy.eifh( hours m one 
week, eacept in case of extraordinary emergency caused by fire, 
flood, or danger to IHe or property 




lad, Won.. Sac 


SAJI BENTON. Democrat 


JO LANDRECAN 


ABATEMENT OF NUISANCES. Act submitted to electors by refer¬ 
endum I>eclares ouiMnee any building oi place where acts of lewd 
ness, assignation or pr istitution occur, and general reputation ad¬ 
missible to prove extsience of nuisance, prescribes procedure for 

4 abatement thereof: requires removal and sale oi hitures and cmMuble 
property used tn aid thereof, closing premises to any uk for one yeat 
unless court releaaef some upon bend of owner, prescribes fees 
therrlor. making same and all <o*ls pas able from prsicecds of such 
sale, requiring sale of jiremisrs to satisfy any deficiency, makes tines 
lien upon interest in premises 


YES 


NO 


YES 


NO 


YES 


NO 


YES 


NO 


LOmS JONES. Probibwion 


DiMrict Attantey 


Vdte lor One 


J, SMITH BOLT 


LEGISLATIVE 

Membtr nf On AsscdiMy. hrtf Disthet 

fill Id Om 


ORVIL WANE 


Cdodty Qertt 


Vptc for Ode 


CLARENCE WEST 


HOMEk USON 


Airfrtor ^ Irrr’Uff Y«ic m. 


JUDICIAL 


JOHN hftlTAY 


Chief kesliu of tV S og r w f Cotirt 

(fallcm) Ilk In l» 


GEORGE CONLEY 


DONALD DUNN 


Ireosorv 


Votef«OiM 


ROBERT DENTON 


J. P DREW 


Qief kBtkc of Ok SogrcMe Co«1 

(Short Tcna) IrtildllM 


AseiMr 


Vole for 0«M 


AoMoote kBtic0 of the S ort a n t 

Coat Ilk Id Too 


SAMUEL ROVER 


FRANCIS MURKE 


RALPH STONE 


Tat CoSedor 


VoU for Ooe 


L F BEUNER 


M C CURTIS 


ENDON REESE 


Jokce Of the District Cotdt 
of AsfMl, ThM ApHUtc District 
fflkkil 


CoroM uMPoMi 
hOaiMeUotor 


U V SNYDER 


Vote for Ooe 


JOHN SAHMf 


Vole for Ooe 


J S. MARSTONE 


M|e of the SoReiior Cosrt 


Mitdloi 


RALPH REAM 


(otisUMe. Cmoat 

lowtM^ 


VokforOw 


L B JONES 


foMice of the Hk* of CibmmI 

Ik 


LUDLEY CONE 
























































































































































































































POLITICAL CODE 


117 


INSTRUCTIONS TO VOTERS: 


To vote for a candidate of your Selection stamp a cross (X> in the voting square 
next to the right of the name of such candidate. Where two or more candidates 
for the same office are to be elected, stamp a cross IX) after the names of all the 
candidates for that office for whom you desire to vote, not to exceed, however, the 
number of candidates who are to be elected. To vote for all of a group of persons stamp a cross IX) In the square opposite such group. To 
vote for a person whose name is not on the ballot, write the name of such person under the title of the office in the blank space left for 
that purpose. In the case of a name written on the ballot, it is optional, but not necessary, to stamp a cross after such name. To vote on 
any question, proposition or constitutional amendment, stamp a cross iX) in the voting square after the word ‘*Yes" or after the word "No.'* 
AM marks, except the cross (X) are forbidden. AM distinguishing marks or erasures are forbidden and make the bailotvoid. If you wrongly stamp, 
tear or deface this ballot, return it to the Inspector of Election and obtain another. 


STATE 


P«r Clr<lor« of President and Vkc 
Prcsidcfit of tke United States Idt >■ 


-- i 

3 

a. 

i 

r 

i 

s 

* 


MAURICE ROBBINS 
ProgTCMive 

* 

HARRIS V KIRK 
Progresarve 


JOHN T HUNT 

Pr ogres site 


JOSEPH T JOHNSON 
Progressive 

i 

H L MAYNARD 

Progressive 

: 

j 

E S MINOR. Progeesaive 1 

C H ALLSTON 

Prsigresuve 

: 

LE^'EU.YN HASKJU, 
Prwgreaaavv 

; 

WILLIAM S STOKES 

piogTcssive 

■ 

AMOS STRONG 
frogrnaam 


PETER BROWN 
ProgeesMve 


E O JOHNSON 

Progecaaive 


JOHj)V SAVaCB 
Piogresatve 


J B TOWLE. RepnblKan 


CHARLES N HART 
RepubIrcM 


WALTER BROW'NLOW 

Repubkenn 


CASSIUS N CLAY 
Repubhcaa 


JOHN F THOMAS 
Rcpublscan 

’ 

A T ADAMS. RcpnbUcan 


EDW ARD M BLACK 
Rcpublicau 


albert P JONES 

RepublKM 


ROBERT B PORTER 
RepuMKaa 


F T ANDERSON 
Republican 


H C RAWLINS 

RepuMacan 

. 

BEK F BAXTER 

RepublKSn 


JOHN U DAWSON 
Repttbiscan - 


Ralph KERR. Democrat 


L S BROWN. Douocmt 


CALT E BELL. Demoemi 


JOHN 1 SMALL 

Democrat 


A- E ETTLESON 

Democrat 


JOHN F McBRICHT 
DcsMcnt 

— 

LUCIUS ft HICKS 
Democrat 


SYDNEY 0 BUCHAM 
Democrat 


RANDAL JAMES 

Dnmocrlt 


J SAN GENE Demoerat j 

- 

PRINCIP L BIENS 

D anerai 


AL BIEHL Democrat 


JOHN P ENOS 

Democrat 



Group 


a 

I 

S' 

f 

f 


r 

r 

s 


Ead of 

Croup 


Top ol 
Croup 


I 

r 

! 

s 

« 

i 

i 

s 

f 


f 

s 


Ei>4 of 
Croup 


for ftectorc of President ond Vice 

President of the United States Me hr Tkdma 

LAWSO.S ft ROSS 

Socialiat 

Top ol 
Group 

RICHARD ROE Soculiai 

• 5 

HENRY BROWN. SocsaUii 

3 

1 

JOHN DOE Seetalisi 

1 

B' 

9 

S' 

MALTRICE HUGGINS 
Socialist 

X 

i 

WILLIAM SMITH 

S^tahal 

1 1 

tHOMAS GREEN 

Sooaltsi 

1 _ 1 

^ 1 

EDWIN McCORD 
• Socialist 

1 

H LAW. Soesakri 

a 

1 

i 

S' 

^ r 

ALMER SMITH. Sacaliai 

ALEERT BERG. Socialaat 

1 

r 

r 

MARCER 1 TURNER 
So^ltal 

% 

HENRY SAMPSON 
Socialiat 

End ol 






i 

1 

i 






j 

: 


i 


! 


i 


i 


J 






Top of 


I 




Eo4 ol 
Croup 


con'^essiona^ 

RcprcscMatne in Congress, 

CMcrMuiiil tetrict Wi In Iv 


HE.NRY W SMITH 
ScpublKan 
l’rotubtllon«^t 


S ). VIHCENT. Drmocni 


ROBKST ANDEKSON. 
ludevcsdeni 


EDVriN T. BAKER. 


LEGISLATIVE _ 

StnU Senator. 

first SenotorM District Wilni 


& W CARMACK 


KNUTE NELSON 


Member of Uie Assembty, 
first Assembly Dtstrid 


) IL^^IDALL FRASER 


MIvQh 


COUNTY 


judge of the Suficrior Court 

IdiM 


H T JOHNSON 


TT^ctnitr^ kiNC 


Supervisor. 

Tint S i Rtnis iirid Dbinct 


MtlnlM 


E. O ANDERSON 


FLETCHER B CARMODY 


CONSTITUTIONAL AMENDMENTS, INITIATIVE AND 
REfEltENOUM PROPOSITIONS 


LBClSLATtVE CONTROL OP IRRIGATION. 
RECLAMATION AND DRAINAGE DIS- 
TRICTS- A»4rinPly Coit»tiliilionat Amrndrn«Al 
4' aairnding »c<tiott IJ of articU Xt. of con^ii- 
I luiiofl. PrcMol uitch*Dgrd Iwr yrovi\o 

I «44c«l •utliutitinf IcfitUtur* (o provMr for 
•up«m«4on. r«g«Uiioci and conduct, in »uch man- 
Act M H may dctcrainc, ol affair* of irrigation, 
rcclamuiion or drainage diairici*. organized or 
cjuafing uudci tawa of llu* state. 


PRIZE PICHTS Initiative act amending Penal 
Code. Prohibit* the engaging m or furrhcriiig 
in any way prue fights or rcoiuncr^tivr boaing 
cahtbttiona. training therefor, or bctnng thereon. 
Il.r conducting, ^rikipaling in or witnessing 
any hoaing exhibitions on Memorial Day or 

2 Sunday. iutK<>ri<«s regulated (our routid ama¬ 
teur boaing eahibitiun* unless prohibited by 
ordiruncc. provides for arrest of pcrvcuis about 
to promote or participate in proMSRcd coniesit 
and.i«s|uires bond against committing offense, 
declares sclf'inctimination no disousliiicatioa irf 
witness, prohibits his proeeuiton lor ofleose dis¬ 
closed, sutboeites conviction upon aecompticc’i 
uneofruboraied testimony, prescribes pensities. 


Tm 


No 


Tea 


No 



4k IIS-* Its 


































































































































































118 


POLITICAL CODE 


INITIATIVE, REFERENDUM AND RECALL 
PETITIONS. 

Sec. 1197a. It shall be the duty of the proponents of any 
initiative measure relating \o the constitution or the laws of 
the State of California, prior to circulating any petition for 
signatures thereon, to submit a draft of said petition to the 
Attorney General with a request that he prepare a title, and 
summary of the chief purposes and points of said proposed 
measure. Such title and summary shall forthwith be prepared 
in the manner provided for the preparation of ballot titles in 
paragraph three of section one thousand one hundred ninety- 
seven of the Political Code. Said title and summary shall not 
exceed one hundred words in all. 

Sec. 1197b. The proponents of any proposed initiative meas¬ 
ure shall place upon each section of the petition in relation 
thereto above the text of the measure the title and summary 
referred to in section one thousand one hundred ninety-seven a, 
of the Political Code not exceeding one hundred words in all. 
Across the top of each page of any petition asking that any 
act or section, or part of any act of the legislature be submitted 
to the electors for their approval or rejection, there shall be 
printed in twelve point black-face type the following: 

“REFERENDUM AGAINST AN ACT PASSED BY THE 
LEGISLATURE.” 

Across' the top of each page after the first page of every 
initiative, referendum or recall petition or section thereof which 
may be prepared and circulated in accordance with law there 
shall be printed in eighteen point gothic type a short title, in 
not to exceed twenty words, showing the nature of the petition 
and the subject to which it relates. 

No officer chargeable by law with receiving or filing in his 
office any initiative, referendum or recall petition shall receive 
or file any such petition which does not conform with the pro¬ 
visions of this section. This section shall apply only to initia¬ 
tive, referendum and recall measures affecting the constitution 
or laws of the state, or state officers. (Approved April 12, 
1915). 

Sec. 1198. Ballots to be bound and recorded. (Amend¬ 
ment approved April 22, 1913.) All ballots, when printed, 
shall be bound in stub books, each book to consist of 
ten, or some multiple of ten, ballots and so issued. A 
record of the number of ballots printed by them shall be kept 
by the respective County Clerks, and by the Clerk or Secretary 
of the legislative body of each incorporated city or town. 

Sec. 1199. Number of ballots to be furnished. The County 
Clerk or Registrar of Voters of each county shall provide for 


POLITICAL CODE 


119 


each election precinct in the county ten general tickets for 
every eight or fraction of eight electors registered in the elec¬ 
tion precinct for such election; and an additional ten ballots 
for each election precinct that has less than thirty registered 
electors; provided, that no ballot pad used or provided for 
any election shall contain less than ten general tickets for such 
election, and in case of a consolidated city and county, an 
equal number of municipal tickets, when any city and county 
officers are to be elected and the Clerk or Secretary of the 
legislative body of any incorporated city or town shall furnish 
a like number of municipal tickets when any city or town 
officer is to be elected. And upon the day of election, im¬ 
mediately upon the arrival of the hour when the polls are re¬ 
quired by law to be closed, the County Clerk in each county 
shall openly, in his main office, in the presence of as many 
persons as may there assemble to observe his act, proceed to 
destroy every unused ballot which shall have remained in his 
possession, custody or control, and forthwith make and file 
his affidavit, in writing, as to the number of ballots so de¬ 
stroyed. (Amended April 22, 1913.) 

Sec. 1200. Error or omission in name of candidate. When¬ 
ever it shall appear by affidavit that an error or omission has 
occurred in the publication of the name or description of the 
candidates nominated for office, or in the printing of the ballots, 
the Superior Court of the county, or the Judge thereof, shall, 
upon application by any elector,' by order, require the County 
Clerk to correct such error, or to show cause why such error 
should not be corrected. 

Sec. 1201. Delivering ballots. Before the opening of the 
polls at any election within any county, the County Clerk of 
the county shall cause to be delivered to the Boards of Elec¬ 
tion of each election precinct which is within the county, and 
in which the election is to be held, at the polling place of the 
election precinct, the proper number of general tickets of the 
kind to be used in the election precinct, in sealed packages, with 
marks on the outside clearly designating the precinct or polling 
place, for which they are intended, and the number of ballots 
inclosed, and in case of a consolidated city and county, also 
a like number of municipal tickets; and the Clerk or Secretary 
of any incorporated city or town shall in like manner cause 
to be delivered the proper number of municipal tickets. The 
County Clerk, Clerk, or Secretary shall prepare a receipt for 
each polling place, enumerating the packages and stating the 
time and day and date when the same were delivered by him 
to the Inspectors of Election. The Inspectors of Election 
shall sign said receipt upon receipt of the packages, which shall 
forthwith be returned and filed. The County Clerk, Clerk, and 
Secretary, respectively, shall have authority to employ such 
messengers as may be necessary to insure the safe and ex¬ 
peditious delivery of the ballots to the Inspectors or Judges of 


County Clerk 
CO destroy 
unused 
ballots. 


Affidavit. 


County Clerk 
to correct. 


By County 
Clerk, to 
Boards of 
Elections. 


In case of 
consolidated 
city and 
county 
election. 


120 


POLITICAL CODE 


In case of 
prevention of 
jlection by 
loss or de¬ 
struction of 
ballots. 


Erovernor to 
Drder new 
election. 


Sallot box to 
be labeled. 


Number of 
voting 
booths 
required. 


Voting 
booths to 
be provided 
with proper 
supplies. 


Election, as provided in this Code, and the Board of Super¬ 
visors, or other board or body having the control of elections, 
shall allow such messengers a reasonable compensation for their 
services, to be paid as other election expenses are paid. In 
case of the prevention of an election in any precinct by the loss 
or the destruction of the ballots intended for that precinct, the 
Inspector, or other election officer for that precinct, shall make 
an affidavit setting forth the fact, swear to the same before 
an officer authorized to administer oaths, and transmit it to 
the Governor of this State. Upon receipt of such affidavit, the 
Governor may order a new election in such precinct, and upon 
the application of any candidate for any office to be voted 
for by the electors of such precinct, the Governor shall order a 
new election in such precinct. 

Sec. 1203. Ballot boxes, booths for voters, etc. All officers 
upon whom is imposed, by law of the State, the duty of 
designating polling places, shall cause such polling places to be 
suitably provided with a ballot-box, to be marked on the outside 
“General Tickets,” and when any city, city and county,- or 
town officers are to be elected, a second ballot-box to be 
marked on the outside “Municipal Tickets”; and shall also 
provide a sufficient number of places, booths, or compartments, 
at or in which voters may conveniently, mark their ballots, so 
that in the marking thereof they may be screened from the 
observation of others; and a guard-rail shall be so constructed 
and placed that only such persons as are inside said rail can 
approach within six feet of the ballot-boxes, and of such 
booths or compartments. The arrangements shall be such 
that neither the ballot-boxes nor the box booths or compart¬ 
ments shall be hidden from the view of those just outside the 
said guard-rail. The number of such voting booths or com¬ 
partments shall not be less than one for every forty electors 
qualified to vote in the precinct. No person other than electors 
engaged in receiving, preparing, or depositing their ballots 
shall be permitted to be within said rail before the closing of the ' 
polls, except by authority of the Board of Election, and then 
only for the purpose of keeping order and enforcing the law. 
Each of said voting booths or compartments shall be kept 
provided with proper supplies and convenfences for marking 
the ballots. And the election officers shall especially see that 
the stamps and ink-pads required are at all times in such 
booths and in condition for proper use; and all officers upon 
whom is imposed by the law, the duty of designating polling 
places shall supply each polling place" with several stamps and 
several ink-pads for each booth, and such stamps shall be so 
made that a cross (X) may be made with either end of such 
stamp, and the same must be so constructed that the portion 
with which such cross (X) is to be made shall not be fastened 
on by any glue or like substance which may loosen when 


POLITICAL CODE 


121 


wet, but the said stamp shall be one solid piece. (In effect 
March 28, 1895.) 

Sec. 1204. Manner of voting. (Amendment approved 
June 14, 1913.) Any person desiring to vote shall write 
his or her name and address (or if he or she be un¬ 
able to write, shall have the same written for him or her) 
on a roster of voters provided for that purpose and announce 
the same to one of the election officers, who shall then in 
an audible tone of voice announce the same, and if another 
election officer finds the name on the register, he shall in a 
like manner repeat the name and address, whereupon a 
challenge may be interposed as provided in Section 1230 of 
this code. In case the surname of any female person offering 
to vote has been changed by reason of marriage or divoice 
since registration such person shall sign her name as it was 
before such marriage or divorce and also her name a= it 
is at the time she votes, indicating on the roster, by brackets 
or other means, that the two names are the names of one 
person. In all cases except in those where the name and 
address of the voter is written on the roster of voters 
for him, as above provided, it shall be the duty of the 
election officer, in the presence and view of the bystanders, 
to compare the signature of the voter on the roster of 
voters with the signature of that person on the register and 
no ticket shall be given such voter until such comparison of 
signatures shall have been made, and until such a comparison 
has been made, as aforesaid, the right of a voter to vote may 
be challenged. If the challenge be overruled the election 
officer shall give the voter a ticket and the Clerk shall write 
on the register opposite the name of the voter the number of 
the general ticket given him and also the number of the munic¬ 
ipal ticket given him when any city, city and county or town 
officer is to be elected and the voter shall be allowed to enter 
the place enclosed by the guard rail as above provided. The 
election officer shall give him but one general ticket and where 
any city, city and county or town officers are to be elected 
also one municipal ticket and only on.e ballot of each kind 
and in order to prevent voters from marking their ballots with 
a pencil, or otherwise contrary to law, it shall be the duty of 
the election officer whenever he shall deliver a ballot to any 
voter to then orally distinctly state to him, so that it may be 
heard by the bystanders, that he must mark the ballot with 
the stamp provided by law or it will not be counted. (Amended 
March 6, 1889; March 18, 1905; January 9, 1912; June 14, 1913.) 

Sec. 1205. Same. On receiving his ballot the elector shall 
forthwith, and without leaving the enclosed space, retire alone 
to one of the places, booths or compartments provided to pre¬ 
pare his ballot. In voting he shall stamp a cross (X) in the 
voting square after the name of every candidate for whom he 
intends to vote, and this shall be counted as a vote for each 


In case 
name is 
changed by 
rr-arriage, etc. 


Roster to 
show. 


Signatures to 
be compared. 


Ballots not 
marked with 
stamp pro¬ 
vided by law 
not to be 
counted. 


How voter 
shall pre 
pare ballot. 


122 


POLITICAL CODE 


Folding of 
ballot. 


Number and 
endorsement 
to appear on 
outside. 


Numbered 
slip to be 
destroyed. 


Time 
allowed 
for voting. 


person after Avhose name the voter has stamped such cross, 
or he may vote for a candidate or person whose name is not 
printed on the ballot by writing a name for such office in the 
blank space left therefor, in which latter case the vote of such 
voter for that office Shall be counted for the person whose 
name is so written. Where two or more candidates for the 
same office are to be elected, and the voter desires to vote 
for candidates for that office, he must stamp a cross (X) after 
the names of all the candidates for that office for whom the 
voter desires to vote, not exceeding, however, the number of 
candidates who are to be elected. 

In case of a question, proposition or constitutional amend¬ 
ment, submitted to the vote of the electors, the voter shall mark 
his ballot by stamping in the appropriate voting square a 
cross (X) opposite the answer he desires to give as to such 
question, proposition or constitutional amendment. All crosses 
shall be made only with a stamp, which with necessary pads 
and ink, shall be provided by the officers who by law are re¬ 
quired to furnish election supplies for each booth or compart¬ 
ment provided for the marking and preparation of ballots. 
Before leaving such booth or compartment the elector shall 
fold his ballot in such a manner that the number of the ballot 
and the endorsement on the back shall appear on the outside 
thereof, without displaying the marks on the face thereof, and 
shall keep it folded until he has voted. Having folded his 
ballot, the voter shall deliver it folded to the Inspector, who 
shall announce in an audible tone of voice the name of the 
voter and the number of his ballot. If the Ballot Clerk having 
in charge the register or affidavits of registration finds such 
number to correspond with the number marked opposite the 
voter’s name on the register or affidavit of registration, he 
shall, in. like manner repeat the name and number, and shall 
write opposite the name the word “voted.” The Inspector 
shall then separate the slip containing the number from the 
ballot, deposit the ballot in the box and immediately destroy 
such numbered slip. (Amendment approved March 20, 1911.) 

Sec. 1206. Occupancy of booth.—Not more than one person 
shall be permitted to occupy any one booth at one time, and no 
person shall remain in or occupy a booth longer than necessary 
to prepare his ballot, and in no event longer than ten minutes. 

Sec. 1207. Spoiled or unused ballots. Any voter who shall 
spoil a ballot shall return such spoiled ballot to the Ballot Clerk 
and receive another one in its place, one at a time, not to 
exceed three in all. All the ballots thus returned shall be im¬ 
mediately canceled, and, with those not distributed to the 
voters, shall be returned with the registered list and ballots, as 
now provided in sections one thousand two hundred and sixty- 
three and one thousand two hundred and sixty-four of this 
Code. Every elector who does not vote the ballot delivered to 
him shall, before leaving the polling place, return such ballot 


POLITICAL CODE 


123 


to the Ballot Clerks having charge of the ballots, who shall im¬ 
mediately cancel the same and return them in the same manner 
as spoiled ballots. The Ballot Clerks shall account for the 
ballots delivered to them by returning a sufficient number of 
unused ballots to make up, when added to the number' of 
official ballots cast and the number of spoiled ballots returned, 
the number of ballots given to them, and it shall be the duty of 
the officers receiving such returned ballots to compel such an 
accounting; and immediately upon the closing of the polls, 
and before any ballot shall be taken from the ballot boxes, or 
either thereof, the Ballot Clerks must, in the presence of all per¬ 
sons in the room who may desire to observe the same, proceed 
to deface every unused or spoiled ballot, by drawing across 
the face thereof, in writing ink, with a pen, two lines which 
shall cross each other, and said Ballot Clerks shall thereupon 
immediately, and before any ballots be taken from the ballot- 
box, or either thereof, place all said ballots thus defaced within 
an envelope and seal said envelope, and thereupon a majority 
of the election officers shall immediately write their names 
across the sealed portion of said envelope. (Amendment ap¬ 
proved March 28, 1895. 

Sec. 1208. Illiterate or helpless voters, how assisted. When 
it appears from the register that any elector has declared 
under oath, when he registered, that he cannot read, or that by 
reason of physical disability he is unable to mark his ballot, 
he shall, upon request, receive the assistance of two of the 
officers of election, of different political parties, in the marking 
thereof, to be chosen as follows: One by the Inspector then 
receiving the ballots, and the other by the Judge of the opposite 
political party which at the last election cast the highest num¬ 
ber of votes throughout the State, and in the event there are 
more Judges than one Of said party, then by the one of said 
Judges who shall be named by said Inspector. Neither of the 
persons appointed shall be of the same political party with the 
person appointing, nor shall either of said persons so making 
said appointments appoint the other for said purposes. Such 
officers shall thereafter give no information regarding Jhe 
marking of said ballot. The officers making such appoint¬ 
ments shall make the same in writing, and sign the same, and 
upon the same paper the persons so appointed shall subscribe 
and take the following oath before assisting such elector: 

State of California, County of., Assembly district 

number ., .. precinct.—ss. 

and ., being duly sworn, each 

for himself, says that he is one of the officers of election ap¬ 
pointed to assist ... (here insert name of the 

elector) in marking his ballot, and that he will not give any in¬ 
formation, now or hereafter, regarding the same. 


Duty of 
election 
officer on 
receipt of 
returned 
ballots. 


Election 
officers’ oath 
before 
assisting 
voter. 


Form. 










124 


POLITICAL CODE 


Subscribed and sworn to before me, this 
., A. D. 


day of 


Lists of 
voters as¬ 
sisted to be 
preserved. 


Instruction 

!ards. 


Said affidavits may be sworn to before any officer of election 
competent to administer an oath, and the same, with the in¬ 
dorsements thereon, shall be returned to the. County Clerk, as 
provided in section one thousand two hundred and sixty-one 
of this Code. 

Lists of the voters who have been assisted in marking their 
ballots shall be kept by the Clerks keeping the poll lists, and 
shall be returned and preserved as the poll lists are returned 
and preserved. As amended March twenty-third, eighteen hun¬ 
dred and ninety-three. (Amendment approved March 28, 1895; 
in effect immediately.) 

Sec. 1209. Removal of slip from ballot. No member of the 
Board of Election shall deposit in the ballot-box any ballot 
from which the slip containing the number of the ballot has 
not been removed by the Inspector. 

Sec. 1210. Mailing of sample ballots to voters; Instruction 
cards. The County Clerk of each county, or, in case of sep¬ 
arate city or town elections, the Clerk or Secretary of the 
legislative body of such city or town, shall cause to be 
printed, on plain white paper, without watermark, at least as 
many copies of the form of ballots provided for use in each 
voting precinct as there shall be registered voters in such 
precinct. Such copy shall be designated “sample ballot” upon 
the face thereof. Said Clerk or Secretary shall commence to 
mail the same, postage prepaid, to registered voters not more 
than twenty-five, nor less than ten days before the day fixed by 
law for such election, and shall have all of the same mailed at 
least seven whole days before the day of election; provided, 
that not more than one sample ballot shall be furnished to any 
one voter; and further provided, that for any general election 
the number of sample ballots printed shall not exceed the total 
registration by more than fifteen per cent of such registration. 
Such Clerk or secretary shall also enclose in the envelope with 
each of said ballots a card stating the location of the precinct 
polling place of each elector. Only official matter shall be sent 
out in such envelope. Such Clerk or Secretary shall cause to 
be printed in large, clear type, on cards, instructions for the 
guidance of electors in obtaining and marking their ballots, and 
he shall furnish twelve such cards to the Board of Election in 
each election precinct in his county, at the same time and in the 
same manner as the printed ballots and sample ballots. The 
Board of Election shall post at least one of such cards in each 
booth or compartment provided for the preparation of ballots, 
and not less than three of such cards at other places in and 
about the polling place, on the day of election. Sections twelve 
hundred and fourteen and twelve hundred and fifteen of this 






POLITICAL CODE 


125 


code, and section sixty-one of the Penal Code, shall also be 
printed on each of said cards. (Amended ]\Iarch 20, 1899; April 
12, 1911 ; January 9, 1912; June 14, 1913; May 26, 1915). 

Sec. 1211. Void, or spoiled ballots. 1. In canvassing the 
votes any ballot which is not marked by the elector as provided 
by law shall be void; but such ballot must be preserved and 
returned with the other ballots; provided, however, that two 
or more impressions of the voting stamp in one voting square, 
or a cross (X) made partly within and partly without a voting 
square or space, shall not make such ballot void. Any name 
written upon a ballot shall be counted for such name for the 
office under which it is written, provided it is written in the 
blank space therefor, whether or not a cross (X) is stamped, 
or made with pen or pencil, in the voting square after the 
name so written. 

2. If a voter marks more names than there are persons Marking too 
to be elected to an office, or if, for any reason, it is impossible on ballot, 
to determine the voter’s choice for any office to be filled, his 

ballot shall not be counted for such office. 

3. If a voter stamps in the voting square after the name oi 
any candidate and also writes the name of a person for such 
office in the blank space, such act does not invalidate his 
ballot, but his vote shall not be counted for any person for 
that office, but as to all other offices the ballot must be 
counted for the candidates opposite whose names the ballot is 
stamped in the voting squares. 

4. No mark upon a ballot which is unauthorized by this 
Act shall be held to invalidate such ballot, unless it shall 
appear that such mark was placed thereon by the voter for 
the purpose of identifying such ballot. (Approved March 14, 

1903; amended March 20, 1911; May 26, 1915). 

Sec. 1212. Time allowed from employment or service for 
voting. Any person entitled to vote at a general election held 
within this State shall, on the day of such election, be entitled 
to absent himself from any service or employment in which 
he is then engaged or employed, for the period of two con¬ 
secutive hours between the time of opening and the time of 
closing the polls; and such voter shall not, because of so ab¬ 
senting himself, be liable to any penalty, nor shall any de¬ 
duction be made on account of such absence from his usual 
salary or wages. 

Sec. 1213. Certificate of nomination, destruction of or false 
making of. No person shall falsely make or fraudulently de¬ 
face or destroy any certificate of nomination, or any part 
thereof, or file any certificate of nomination, knowing the same 
or any’ part thereof to be falsely made, or suppress any cer¬ 
tificate of nomination which has been duly filed or any part 
thereof, or to make, use, keep, or furnish to others, except as 
in this Code so directed, any paper watermark in imitation of 


126 


POLITICAL CODE 


Removal of 
Slipplies, etc., 
prohibited. 


Voters Not 
to show 
contents of 
ballot. 


Voters Not 
to place dis¬ 
tinguishing 
marks on 
ballot. 


ballot paper, or disclose the same to any person not engaged in 
making, printing or distributing of ballot paper or ballots. 

Sec. 1214. No supplies to be destroyed. No person shall, 
during an election, remove or destroy any of the supplies or 
other conveniences placed in the voting booths or compart¬ 
ments, as provided in this Code, for the purpose of enabling 
the voter to prepare his ballot. No person shall, during an 
election, remove, tear down, or deface the cards printed for the 
instruction of voters. 

Sec. 1215. Disclosing name of candidate, electioneering, etc. 

No officer of election shall disclose to any person the name 
of any candidate for whom any elector has voted. No officer 
of election, nor any person, shall do any electioneering on 
election day within one hundred feet of any polling place. Un¬ 
less otherwise provided by law no person shall remove any 
ballot from any polling place before the closing of the poll. Un¬ 
less otherwise provided by law no person shall apply for or 
receive any ballot at any election precinct other than that in 
which he is entitled to vote. No person shall show his ballot 
after it is marked to any person in such a way as to reveal 
the contents thereof, or the name or names of the candidate or 
candidates for whom he has marked his ballot; nor shall any 
person, except a member of the board of election, receive from 
any voter a ballot prepared by such voter, or examine such 
ballot, or solicit the voter to show the same. No person shall 
ask another at a polling place for whom he intends to vote. 
Unless otherwise provided by law no voter shall receive a 
ballot from any other person than one of the election officers; 
nor shall any other person than an election officer, or other 
officer authorized by law so to do, deliver a ballot to such 
voter. No voter shall deliver to the board of election, or to any 
member thereof, any ballot other than the one he has received 
from the election officer or other officer duly authorized by 
law to furnish him with such ballot. No voter shall place any 
mark upon his ballot by which it may be afterwards identified 
as the one voted by him. No person shall solicit a vote or 
speak to a voter on the subject of marking his ticket within 
one hundred feet of the polling place. (Amended July 1, 1891; 
June 14, 1913.) 

Sec. 1216. Registrar of Voters, Boards of Election Commis¬ 
sioners, powers and duties of. In all counties, and cities and 
counties, in this State, having a Registrar of Voters and a 
Board of Election Commissioners, the powers conferred and 
the duties imposed by this Code upon the County Clerks and 
other officers, in relation to matters of election and polling 
places, shall be exercised and performed by such Registrar of 
Voters and Board of Election Commissioners, and all certificates 
of nomination, nomination papers, or election papers, required 
by this Code, or by law to be filed with or presented to the 
County Clerk shall be filed with or presented to the Registrar 


POLITICAL CODE 


127 


of Voters; and the deputies or clerks in the office of the 
Registrar of Voters acting under the orders of the Registrar 
of Voters, or the Election Commission shall have all the 
powers of the deputies of the County Clerk in matters relating 
to elections. (Amendment approved May 1, 1911.) 


VOTING AND CHALLENGES. 

Sec. 1224. Voting, when to commence’and continue. Voting 
may commence as soon as the polls are opened, and may be 
continued during all the time the polls remain open. 

Sec. 1225. The person offering to vote must hand his ballot 
to the Inspector, or to one of the Judges acting as Inspector, 
and announce his name and the number affixed to it on the 
register in use at the precinct where he offers his vote; pro¬ 
vided, that in incorporated cities and towns the said person 
shall also give the name of the street, avenue, or location of his 
residence, and the number thereof, if it be numbered, or such 
clear and definite description of the place of such residence as 
shall definitely fix the same. 

Sec. 1226. The Inspector, or Judge acting as such, must re¬ 
ceive the ballot, and before depositing it in the ballot-box must, 
in an audible tone of voice, announce the name and register 
number; provided, that in incorporated towns and cities the 
said Inspector, or Judge acting as such, shall also announce the 
residence of the person voting, and the same shall be recorded 
on the poll list by the Poll Clerk. 

Sec. 1227. If the name be found on the register in use at the 
precinct where the vote is offered, and the vote is not rejected 
upon a challenge taken,-the Inspector, or Judge acting as such, 
must, in the presence of the Board of Election, place the ballot, 
without opening or examining the same, in the ballot-box; and 
no person shall be allowed to vote whose name is not on said 
register in use at the precinct. 

Sec. 1228. When the ballot has been placed in the box, one 
of the Judges must write the word “voted” opposite the number 
of the person on the printed copy of the register. 

Sec. 1229. Clerk to keep list of voters. Each clerk must 
keep a list of persons voting, and the name of each person who 
votes must be entered thereon and numbered in the order of 
voting. 

Sec. 1230. Grounds for challenging voters. (Amendment 
approved May 23, 1913.) A person offering to vote may be 
orally challenged by any elector of the county upon either or all 
of the following grounds: 

1. That he or she is not the person whose name appears on 
the register. 



128 


POLITICAL CODE 


2. That he or she has not resided within the State one year 
next preceding the election. 

3. That he or she has not been a naturalized citizen of the 
United States for ninety days prior to the election. 

4. That he or she has not resided within the county for 
ninety days preceding the election. 

5. That he or she has not resided within the precinct for 
thirty days next preceding the election. 

'6. That he or she has before voted that day. 

7. That he or she has been convicted of an infamous crime. 

8. That he or she has been convicted of the embezzlement 
or misappropriation of public money. 

9. That he or she can not read as required by the consti¬ 
tution, and does not appear by statement in the affidavit of 
registration to be entitled to vote notwithstanding such in¬ 
ability. 

Sec. 1231. Proceedings on challenge for want of identity. 
If the challenge is on the ground that he is not the person 
whose name appears on the Great Register, the Inspector must 
tender him the following oath: 

“You do swear (or affirm) that you are the person whose 
name is entered on the Great Register.” 

Sec. 1232. Proceedings on challenge for non-residence in 
State. If the challenge is on the ground that he has not resided 
in the State for one year next preceding the election, the per¬ 
son challenged must be sworn to answer questions, and, after 
he is sworn, the following questions must be propounded to 
him by the Inspector: 

1. Have you resided in this State for one year immediately 
preceding this election? 

2. Have you been absent from this State within one year 
immediately preceding this election? If yes, then,. 

3. When you left, did you leave for a temporary purpose, 
with the design of returning, or for the purpose of remaining 
away? 

4. Did you, while absent, regard this State as your home? 

5. Did you, while absent, vote in any other State? 

And such other questions as may be necessary to a deter¬ 
mination of the challenge. (In effect April 16, 1880.) 

Sec. 1233. Proceedings on challenge for non-residence in 
precinct. If the challenge is on the ground that he has not 
resided in the county for ninety days, or precinct for thirty 
days next preceding the election, the person challenged must 
be sworn to answer questions, and, after he is sworn, the 
following questions must be propounded to him by the In¬ 
spector : 


POLITICAL CODE 


129 


Sec. 1240. Term of residence, how computed. The term of 
residence must be computed by including the day on which the 
person’s residence commenced, and by excluding the day of the 
election. 

Sec. 1241. Rules must be read if requested. Before admin¬ 
istering an oath to a person touching his place of residence, 
the Inspector must, if requested by any person, read to the 
person challenged the rules prescribed by sections twelve hun¬ 
dred and thirty-eight and twelve hundred and thirty-nine. 

Sec. 1243. List of challenges to be kept. The Board must 
cause one of the clerks to keep a list, showing: 

1. The names of all persons challenged; 

2. The grounds of such challenge; 

3. The determination of the Board upon the challenge. 


CANVASSING AND RETURNING THE VOTE. 

Sec. 1252. Canvass to be public, and without adjournment. 
As soon as the polls are finally closed the Judges must im¬ 
mediately proceed to canvass the votes given at such election. 
The canvass must be public, in the presence of bystanders, and 
must be continued without adjournment until completed and 
the result thereof is declared. 

Sec. 1253. Canvass, how commenced. The canvass must be 
commenced by taking out of the box the ballots unopened (ex- 
•cept so far as to ascertain whether each ballot is single), and 
counting the same to ascertain whether the number of ballots 
corresponds with the number of names on the list of voters 
kept by the clerks. In the City and County of San Francisco, 
at the closing of the polls, the Inspector must administer to the 
additional members of the Board of Canvassers the oath pre¬ 
scribed in section one thousand one hundred and fortv-eight, 
and likewise to two clerks appointed by such additional mem¬ 
bers. He must then proceed to take out of the box the ballots, 
unopened, one at a time, numbering them on the backs in 
numerical order, commencing with number one, and writing 
with ink the initials of his own name upon the back of each 
ballot as taken out. He shall pass each ballot, as soon as thus 
indorsed, to the additional Inspector, who must, in like manner, 
write thereon the initials of his own name, so that each ballot 
can be subsequently identified by either or both such Inspectors. 

Sec. 1254. Ballots, when two or more are found folded to¬ 
gether. If two or more separate ballots are found so folded to¬ 
gether as to present the appearance of a single ballot, they must 
be laid aside until the count of the ballots is completed; then, 
if upon comparison of the count with the number of names of 
electors on the lists which have been kept by the clerks, it 
appears that the two ballots thus folded together were cast by 
one elector, they must be rejected. 


Number of 
ballots to 
correspond 
with number 
of names 
on list 
of voters. 



130 


POLITICAL CODE 


Signatures, 


Ballots, how 
rejected. 

Signatures. 


How made. 

Tally sheets, 
how kept. 


Sec. 1255. Ballots, destruction of number in excess of names 
on lists. The ballots must be immediately replaced in the box, 
and if the ballots in the box exceed in number the names on' 
the lists, one of the Judges must publicly, and without looking 
into the box, draw out therefrom singly, and destroy, unopened, 
a number of ballots equal to such excess; and the Board of 
Election must make a record, upon the poll list of the number 
of ballots so drawn and destroyed. (Amendment approved 
March 18, 1905). 

Sec. 1256. Lists to be signed, how. The number of ballots 
agreeing or being thus made to agree with the number of 
names on the lists, the lists must be signed by the members of 
the Board and attested by the clerks, and the number of names 
thereon must be set down in words and figures at the foot of 
each list, and over the signatures of the Judges and the attesta¬ 
tion of the Clerks, substantially in the form prescribed in sec¬ 
tion eleven hundred and seventy-four. 

Sec. 1257. Counting the votes, or ballots. After the lists are 
thus signed, the Board must proceed to open the ballots and 
count and ascertain the number of votes cast for each person 
voted for. At all elections where a general ticket and a munici¬ 
pal ticket are used, the canvass of the general ticket shall be 
completed before the canvass of the municipal ticket is com¬ 
menced. All ballots rejected for illegality must be indorsed 
upon the ballot the cause of such rejection, and signed by a 
majority of the Election Board, and thereafter strung upon a 
string. (Amendment approved March 20, 1899). 

Sec. 1258. Tally of votes. Each clerk must write down 
each office to be filled, and the name of each person marked in 
each ballot as voted for to fill such office, and keep the number 
of votes by tallies, as they are read aloud. Such tallies must 
be made with pen and ink as the name of each candidate voted 
for is read aloud from the respective ballot, and immediately 
upon the completion of the tallies the clerks who respective!)"- 
complete the same must draw two heavy lines in ink from the 
last tally mark to the end of the line in which such tallies 
terminate, and also write the initials of the person making the 
last tally in such line. The ballot so read and the tally sheet 
so kept must, during the reading and tallying, be within the 
clear view of watchers at the count. (Amended June 14, 1913). 

Sec. 1259. Tickets voted to be strung and enclosed in sealed 
envelopes, and not to be examined thereafter. The ballot, as 
soon as the names marked on it as voted for are read and 
verified, must be strung on a string by one of the Judges, and 
must not thereafter be examined by any person, but must, as 
soon as all are counted, be carefully sealed in a strong en¬ 
velope, each member of the Board writing his name across the 
seal. 


POLITICAL CODE 


131 


Sec. 1260. Lists of election returns. As soon as all the votes 
are counted and the tickets sealed up, lists must be attached 
to the tally lists containing the names of persons voted for and 
for what office, and the number of votes given for each candi¬ 
date, the number being written at full length, and such lists 
must be signed by the members of the Board and attested by 
the Clerks, substantially in the form in section eleven hundred 
and seventy-four given. 

' Section 1261. Election returns to be sealed up. The Board 
must, before it adjourns, inclose in a cover, and seal up and 
direct to the County Clerk, the copy of the register upon which 
one of the Judges marked the word “voted” as the ballots were 
received, all certificates of registration received by it, one of the 
lists of the persons challenged, one copy of the list of voters, 
and one of the tally lists and list attached thereto. The Board 
must also, before it adjourns, post conspicuously, on the out¬ 
side of the polling place, a copy of the result of the votes cast 
at such polling place; such copy of the result must be signed 
by the members of the Board and attested by the Clerks. The 
Board must also immediately transmit unsealed to the County 
Clerk a copy of the result of the votes cast at such polling 
place, which copy must be signed by the members of the 
Board, and which copy shall be open to the inspection of the 
public. It shall be a misdemeanor for any person to remove 
or deface such posted copy of the result or to delay or change 
the copy to be delivered to the County Clerk. (Approved 
February 14, 1901.) 

Sec. 1262. Other papers and lists, sent to County Clerk and 
open to inspection. (Amendment approved May 23, 
1913.) The other list of voters, tally list, and list at¬ 
tached thereto must be sent to the County Clerk or Registrar, 
and retained by him open to inspection of all electors for at 
least six months. (In effect July 6, 1874.) 

Sec. 1263. Returns and ballots to be delivered to a member 
of the Board. The sealed packages containing the register, 
lists, papers, and ballots, must, before the Board adjourns, be 
delivered to one of its number, to be determined by lot, unless 
otherwise agreed upon. 

Sec. 1264. Packages to be delivered to the County Clerk. 

The member to whom such packages are delivered, must, with¬ 
out delay, deliver such packages without their having been 
opened, to the County Clerk, nearest postmaster, or sworn 
express agent, who shall endorse on such packages the name 
of the party delivering them, and date of such delivery. If de¬ 
livered to a postmaster or express agent, such postmaster or 
express agent shall forward the packages by the first mail or 
express to the county seat. In the City and County of San 
Francisco, such packages must be delivered to the Registrar of 
Voters within three hours from the time of adjournment of the 


Signatures. 


Form. 


Copy of 
register 
Certificates 
of regis¬ 
tration 
List of 
persons 
challenged 
Copy of 
list of 
voters 
One Tally 
List and list 
attached 
Unsealed 
copy of 
result of 
votes 
Sent to 
County Clerk. 


How 

delivered. 


132 


POLITICAL CODE 


How 

delivered. 


To be kept 
by County 
Clerk. 


Applies to 
all elections. 


In event 
of contest. 


Board, which time of adjournment must be endorsed upon such 
package, and upon each poll list, in ink, and signed by a major¬ 
ity of the members of such Board. In the City and County of 
San Francisco the packages must be put up and sealed in the 
following manner, by an Inspector, and at least three other 
members of the Board, and be signed with their respective sig¬ 
natures across (flap) the same written. 

One package to contain the voted ballots only; one package 
to contain one poll and tally list only; one package to contain 
the precinct registers, index to register, list of voters chal¬ 
lenged, and list of assisted voters; and one package to contain 
the unused ballots. (Amendment approved March 18, 1905; in 
eflfect immediately.) 

Sec. 1264a. Roster of voters, delivery and custody of after 
election. The Board of Election must before it adjourns, en¬ 
close in a cover and seal up and direct to the County Clerk or 
to the Registrar of Voters, in counties or cities and counties in 
this State having a Registrar of Voters, the roster of voters 
and such sealed package containing such roster of voters must 
be delivered to that one of its members who has been selected 
to deliver the other sealed packages required by law. This 
member must, without delay, deliver the package containing 
the roster of voters without its having been opened in the same 
manner and to the same persons and officials as he is required 
by law to deliver the other sealed packages entrusted to him by 
said board. All rosters of voters must be kept in the office of 
the County Clerk or in the office of the Register of Voters in 
counties and cities and counties having a Registrar of Voters, 
as a public record, for a period of one year and when received 
by such County Clerk or Registrar of Voters, all packages con¬ 
taining such rosters of voters shall be unsealed, and such rosters 
of voters shall at all times be. open to the inspection of any 
citizen. The provisions of this section shall apply to all rosters 
of voters whether used at elections or primary elections. (New 
section approved March 21, 1905; in eflfect in sixty days.) 

Sec. 1265. Clerk to keep ballots unopened, and unaltered for 
twelve months. On receipt of the packages the Clerk must file 
the one containing ballots, and must keep it unopened and un¬ 
altered for twelve months, after which time, if there is not a 
contest commenced in some tribunal having jurisdiction about 
such election, he must burn the package without opening or 
examining its contents; provided, however, that after the time 
limited for a contest, and in the event any contests have been 
commenced, then after said ballots have been opened and 
counted by the Superior Court in said contests, a Judge of the 
Superior Court of the county wherein said ballots were voted 
may order said packages to be opened for inspection in any case 
being tried in his court where he has jurisdiction of the same, 
whenever he shall deem it necessary to inspect the ballots con¬ 
tained in said packages in order to produce testimony to estab- 


POLITICAL CODE 


133 


lish the proof of any material issue of fact arising in the course 
of the trial of said case. In no event shall the said packages, 
or any of them, or the ballots contained therein, be taken from 
the custody of the County Clerk. Whenever said packages, or 
any of them, shall have been inspected and examined, and a 
record made of the testimony therein contained, the same shall 
be restored to the exclusive control and custody of the County County 
Clerk, who shall reseal the packages with the ballots contained reseai*^^ 
therein, and keep the same until he shall burn them, in accord- 
ance with the direction of this section; provided further, that if 
in any Congressional district within this State there has been 
or shall be filed a contest of the election of any person declared 
to have been elected a member of Congress, and the County 
Clerk or Registrar of Voters in any county or city and county 
be notified by the contestant, that such Congressional election 
contest is pending then and in that case such County Clerk 
or Registrar of Voters shall not destroy the ballots in that 
county or city and county, or in the part or portion thereof 
within such Congressional district in which such contest is 
pending, until the final determinatfon of such contest before 
the House of Representatives of the Congress of the United 
States; and such County Clerk or Registrar of Voters shall 
hold such ballots in his custody subject to the inspection of 
any committee of the House of Representatives or sub-com¬ 
mittee thereof, having in charge the investigation of such con- 
test, and shall produce such ballots fpr examination before any eiectfon of 
such committee of the House of Representatives or sub-corn- 5ecfa?ed 
mittee or before any Commissioner designated by such Con- 
gressional committee or sub-committee or before any officer congress, 
designated by act of Congress and duly selected to take depo¬ 
sitions and proof in any such contest of the election of any 
person to Congress. (Amendment approved February 26, 

1903; in effect immediately.) 

Sec. 1266. Ballots, when packages containing same may be 
destroyed. If within twelve months there is such a contest 
commenced, he must keep the package unopened and unaltered 
until it is finally determined, when he must, as provided in the 
proceding sections, destroy it, unless such package is, by virtue 
of an order of tribunal in which the contest is pending, brought 
and opened before it, to the end that evidence may be had of when^ 
its contents, in which event the package and contents are in the 
custody of such tribunal. 

Sec 1267. Returns to be delivered by Clerk to Supervisors. 

The other package the Clerk must produce before the Board 
of Supervisors when it is in session for the purpose of can¬ 
vassing returns. ^ , 

Sec. 1268. Copy of Register to be filed in County Clerk s 
office* As soon as the returns are canvassed the Clerk must 
take the copy of the register returned and file it in his office. 


134 


POLITICAL CODE 


Canvass post¬ 
poned, when. 


Additional 
sets of 
clerks. 


Notice to 
be posted. 


Election 
officers 
subpoena of. 


CANVASS OF RETURNS. DECLARATION OF RESULT. 

COMMISSIONS AND CERTIFICATES OF 
ELECTION. 

Sec. 1278. Meeting of Supervisors to canvass returns. The 
Board of Supervisors of each county must meet at their usual 
place of meeting, on the first Monday after each election, to 
canvass the returns. 

Sec. 1280.. Procedure of canvassing returns. If at the time 
of meeting, the returns from each precinct in the county in 
which polls were opened have been received, the Board must 
then and there proceed to canvass the returns; but if all the 
returns have not been received the canvass must be postponed 
from day to day until all of the returns are received, or until 
six postponements have been had. In any county or city and 
county where the number of election precincts in said county 
or city and county exceed five hundred, said Board may appoint 
several sets of clerks to perform the clerical work of the can¬ 
vass and to assist in canvassing said returns; and said several 
sets of clerks so appointed may, under the order and direction 
of said Board, do and perform such work in the canvassing of 
such returns simultaneously. Said canvass may be made at 
such place in the county or city and county as the Board may 
by order entered in its minutes designate and declare to be a 
necessity; provided, that where it shall be made at a place 
other than the usual place of meeting of such Board, the place 
shall be open to the public and the canvass must be made in 
public, and the said board shall cause public notice to be posted 
at the usual place of meeting of said Board in a conspicuous 
place for at least three (3) days before the time for making 
such canvass, and during all the time while such canvass is 
being made, which notice shall state clearly and fully the 
designation and description of the place where such canvass 
will be made and conducted. (Amendment approved Decem¬ 
ber 23, 1911 ; in effect March 24, 1912.) 

Sec. 1281. Canvass, how made. The canvass must be made 
in public, and by opening the returns and estimating the vote 
of such county or township for each person voted for, and for 
and against each proposition voted upon at such election, and 
declaring the result thereof; and such count must be continued 
daily, Sundays and holidays excepted, and for not less than six 
(6) hours each and every day until completed. (Amendment 
approved March 4, 1899). 

Sec. 1281a. Completion and correction of election returns. 
If it shall appear that the returns from any precinct or pre¬ 
cincts are incomplete, or ambiguous, or are not properly 
authenticated, or are otherwise defective, the Board of Super¬ 
visors, or Canvassing Board, or Election Commission may cause 
subpoenas to be issued and served, requiring the attendance 
before it of the election officers of such precinct or precincts. 


POLITICAL CODE 


135 


and upon the appearance before it of the election officers or 
three-fourths of them from any such precinct or precincts, may 
examine such election officers under oath concerning the manner 
in which the votes were counted in such precinct at such elec¬ 
tion, and the result of such count, and may require such election 
officers then and there to correct or complete such returns or 
the authentication thereof so that they shall truly show the 
votes that were cast in said precinct at such election for each 
candidate voted for and for or against each proposition voted 
upon thereat. Nothing herein shall be construed to authorize 
the opening of ballots except as provided by law. (New section 
approved June 16, 1913.) 

Sec. 1282. Statement of result to be entered on record. The 

Clerk of the Board must, as soon as the result is declared, enter 
on the records^of such Board a statement of such result, which 
statement must show: 

1. The whole number of votes cast in the county; 

2. The names of the persons voted for, and the propositions 

voted upon. 

3. The office to fill which each person was voted for. 

4. The number of votes given at each precinct to each of 

such persons, and for and against each of such propositions. 

5. The number of votes given in the county to each of such 
persons, and for and against each of such propositions voted 
upon. 

6. Provided, however, that when it appears that th‘e total 
number of votes cast for any person to fill an office to be filled 
by the votes of a single county, or subdivision thereof, amounts 
to less than one per cent of the total number of votes cast for 
such office, then in that event no record shall be kept of the 

.vote cast for any such person, but all of the votes cast for all 
of such persons for such office shall be totaled, and such total 
shall be entered in the statement of-the number of votes cast 
for the several candidates for such office, opposite the word 
“scattering.” 

Sec. 1283. Board must declare result. The Board must de¬ 
clare elected the person having the highest number of votes 
given for each office to be filled by the votes of a single county 
or subdivision thereof. 

Sec. 1284. Certificates of election issued by the Clerk. The 
County Clerk must immediately make out and deliver to each 
of such persons voted for only in that county (except to thos6 
persons elected to the office of representative in congress, mem¬ 
ber of state board of equalization, superior judge, state senator 
or assemblyman), a certificate of election, signed by him, and 
duly authenticated. (Amended May 26, 1915.) 


136 


POLITICAL CODE 


Certification 
of returns. 


General or 

special 

elections. 


Copies. 


Sec. 1288. Returns for State elections, duty of County Clerk. 
When there has been a general or special election for officers 
chosen by the electors of the State at large, or for judicial 
officers (except justices of the peace), or for members of the 
State Board of Equalization, or for Representatives in Congress, 
or for Senators and members of the Assembly, each County 
Clerk so soon as the statement of the vote of his county is made 
out and entered upon the records of the Board of Supervisors, 
must make out a certified abstract of so much thereof as relates 
to the votes given or cast for persons for said offices to be filled 
at such election, together with a statement of the whole num¬ 
ber of votes cast in the county as specified in Section 1282. 
Whenever there is a general or special election held within this 
State, and any proposed constitutional amendment or proposi¬ 
tion to be voted for by the electors of the State at large, each 
County Clerk, so soon as the statement of the vote is made out 
and entered upon the record of the Board of Supervisors, must 
make out a certified abstract of such vote. (Amended March 
14, 1901; amendment approved May 23, 1913; April 28, 1915.) 

Sec. 1289. Transmitting election returns, general or special 
elections. The Clerk must seal up such abstract, indorse it 
“Election Returns,” and without delay transmit it by mail or 
express to the Secretary of State. (Amendment approved 
April 7, 1911.) 

Sec. 1290. Duty of Secretary of State, relative to. On the 

fortieth day after the day of election, or as soon as the returns 
have been received from all the counties of the State, if re¬ 
ceived within that time (except in this Code otherwise pro¬ 
vided), the Secretary of State must compare and estimate the 
vote, and make out and file in his office a statement thereof, 
and transmit a copy of such statement to the Governor, ex¬ 
cept in the cases of Senators and members of the Assembly, 
in which cases,- within said time, the Secretary of State shall 
make out and deliver, or transmit by mail, to the persons 
elected a certificate of election. 

Sec. 1291. Commissions issued by Governor. Upon receipt 
of such a copy, the Governor must issue commissions to the 
persons who from it appear to have received the highest num¬ 
ber of votes for offices, except that of Governor or Lieutenant- 
Governor, to be filled at such election. 

Sec. 1292. Returns for election of Governor and Lieutenant- 
Governor, how made. When an election has been held to fill 
the office of Governor or Lieutenant-Governor, the Clerk of 
^ach county, in addition to the abstract made for transmission 
to the Secretary of State, must, as soon as the statement of 
the vote of his county is made out and entered upon the records 
of the Board of Supervisors, make two certified abstracts of so 
much thereof as relates to the vote given for such officer. 


POLITICAL CODE 


137 


Sec. 1293. How transmitted, duty of Clerk. The Clerk 
must seal up each abstract separately, and indorse thereon 
“Election Returns for Governor and Lieutenant-Governor.” 

Sec. 1294. Same. He must at once direct one copy to “The 
Speaker of the Assembly next to meet,” address it to Sacra¬ 
mento, California, care of the Secretary of State, and deposit 
it, postpaid, in the Postoffice. (Amended April 28, 1915.) 

Sec. 1295. Same. The other copy he must direct and address 
in the same manner, and at once deliver it to a member elect 
of the Legislature or to a Senator who holds over; and the 
person to whom it is so delivered must deliver it to the Speaker 
on or before the second day next after his election. 

Sec. 1296. Canvass of return of election for Governor and 
Lieutenant-Governor. The returns of election for Governor 
and Lieutenant-Governor must during the first week of the 
session, be opened, canvassed, and the result declared by the 
Speaker of the Assembly in the presence of both houses. 

Sec. 1297. Defects in form of returns, when to be disre¬ 
garded. No declaration of the result, commission, or certificate 
must be withheld on account of any informality in the return 
of any election, if it can with reasonable certainty be ascer¬ 
tained from such return what office is intended and who is 
elected thereto. 


ELECTION FOR ELECTORS OF PRESIDENT AND 
VICE-PRESIDENT. 

Sec. 1307. Electors, when chosen. At the general election 
in each bissextile or leap year, unless by the laws of the 
United States another time is fixed, and then, at such time, 
there must be chosen by the qualified voters of the State, as 
many Electors of President and Vice-President of the United 
States as the State is then entitled to. 

Sec. 1308. Returns, how made. The Clerk of each county, 
as soon as the statement of the vote of his county at such 
election is made out and entered on the records of the Board of 
Supervisors, must make a certified abstract of so much thereof 
as relates to the vote given for persons for Electors of Presi¬ 
dent and Vice-President of the United States. 

Sec. 1309. How transmitted. The Clerk must seal up such 
abstract, indorse it “Presidential Election Returns,” and with¬ 
out delay transmit it to the Secretary of State by mail or ex¬ 
press or in the manner hereinafter prescribed. (Amendment 
approved April 7, 1911.) 



138 


POLITICAL CODE 


Sec. 1310. Messenger, when Clerk may employ. If the 
County Clerk of any county has reason to believe that the ab¬ 
stract will not, in the due course of mail, reach the Secretary 
of State before the time fixed by law for canvassing the returns 
of such election, he may, with the approval of the Superior 
Judge, employ a person to convey and deliver such abstract 
to the Secretary of State. (Amendment approved April 16, 
1880; in effect immediately.) 

Sec. 1311. Proof of necessity for and approval of appoint¬ 
ment of messenger. In the event provided for in the preceding 
section, the Clerk must make an affidavit, setting forth the 
reasons for his belief, and the nam^e of the person employed by 
him, which affidavit, with the approval of the Superior Judge 
indorsed thereon, must be given to the person appointed, and by 
him, with the abstract, must be delivered to the Secretary of 
State. (Amendment approved April 16, 1880; in effect im¬ 
mediately.) 

Sec. 1312. Compensation of messenger. The person ap¬ 
pointed by the Clerk, after he delivers the abstract and state¬ 
ment, is entitled to receive as compensation mileage at the rate 
of thirty cents a mile from the county seat to the seat of 
government. His account therefor, certified by the Secretary of 
State, must be audited by the Controller and paid out of the 
General Fund in the State Treasury. 

Sec. 1313. Duties of Secretary of State relative to returns. 

On the last Monday in the month of the election, or as soon as 
the returns have been received from all the counties in the 
State, if received before that time, the Secretary of State must 
compare and estimate the votes given for Electors, and certify 
to the Governor the names of the proper number of persons 
having the highest number of votes. 

Sec. 1314. Governor to issue certificate of election. The 
Governor must, upon the receipt of such certificate, transmit 
to each of such persons a certificate of election, and on or be¬ 
fore the day of their meeting deliver to the Electors a list of 
the names of Electors, and must do all other things required 
of him in the premises by any Act of Congress in force at the 
time. 

Sec. 1315. Meeting of Electors. The Electors chosen must 
assemble at the seat of. government on the second Monday in 
January next following their election, at two o’clock in the 
afternoon. 

Sec. 1316. Vacancies in, how supplied. In case of the death 
or absence of any Elector chosen, or in case the number of 
Electors from any cause be deficient, the Electors then present 
must elect, from the citizens of the State,' so many persons 
as will supply such deficiency. 


POLITICAL CODE 


139 


Sec. 1317. Voting by Electors, and returns, how. The Elec¬ 
tors, when convened, must vote by ballot for one person for 
President and one person for Vice-President of the United 
States, one of whom, at least, is not an inhabitant of this State. 

Sec. 1318. Separate ballots for President and Vice-President. 
They must name in their ballots the persons voted for as 
President, and in distinct ballots the persons voted for as Vice- 
President. 

Sec. 1319. Must make list of persons voted for. They must 
make distinct lists of all persons voted for as President, and of 
all persons voted for as Vice-President, and of the number of 
votes given for each. 

Sec. 1320. Results to be transmitted to President of United 
States Senate. They must certify, seal up, and transmit by 
mail such lists to the seat of government of the United States, 
directed to the President of the Senate. 

Sec. 1321. Compensation of Presidential Electors. Presi¬ 
dential Electors shall receive a compensation of ten dollars for 
their services as such Elector, and mileage at the rate of ten 
cents per mile for each mile of travel from their domicile to the 
State Capitol and return. (Amendment approved March 25, 
1909.) 

Sec. 1322. How audited and paid. Their accounts therefor, 
certified by the Secretary of State, must be audited by.t^e 
Controller, who must draw his warrants for the same on the 
Treasurer, payable out of the General Fund. 


ELECTIONS FOR MEMBERS OF CONGRESS. 

Sec. 1332. Election of United States Senators. Elections for 
Senators in Congress for full terms must be held at the gen¬ 
eral election, at which members of the legislature are elected, 
next preceding the commencement of the term to be filled. 

(Amendment approved May 20, 1913.) 

Sec. 1333. Vacancies in United States Senate, elections to fill. 
Elections to fill a vacancy in the term of a United States Sen¬ 
ator must be held at the general election or any special election 
held throughout the State next succeeding the occurrence of 
such vacancy. (Amendment approved May 20, 1913.) 

Sec. 1334. Clerk to make abstract of vote for United States 
Senators. The Clerk of each county, as soon as the statement 
of the vote of his county at such election is made out and en¬ 
tered on the records of the Board of Supervisors, must make 
a certified abstract of so much thereof as relates to the vote 
given for persons for Senators in Congress. 

(New section approved May 20, 1913.) 



140 


POLITICAL CODE 


Sec. 1335. To be sent to Secretary of State. The Clerk must 
seal up such abstract, indorse it “Congressional election re¬ 
turns for Senator in Congress,” and without delay transmit it 
by mail to the Secretary of State. 

(New section approved May 20, 1913.) 

Sec. 1336. Declaration of vote, duty of Secretary of State. 
(New section approved May 20, 1913.) On the sixtieth day 
after the day of election, or as soon as the returns have been 
received from all of the counties of the State, if received within 
that time, the Secretary of State must compare and estimate 
the votes given or cast for such persons for Senator, and certify 
to the Governor the person having the highest number of votes 
in the State as duly elected. 

Sec. 1337. Governor’s certificate. (New section approved May 
20, 1913.) The Governor must upon the receipt of such certifi¬ 
cate transmit to such person a certificate of his election, sealed 
with the great seal and attested by the Secretary of State. 


ELECTION FOR REPRESENTATIVES. 

Sec. 1343. When held. At the general election to be held in 
the year eighteen hundred and eighty, and at the general elec¬ 
tion every two years thereafter, there must be elected, for each 
Congressional district, one Representative to the Congress of 
the 'United States. 

Sec. 1344. Returns, how made. The Clerk of each county, 
as soon as the statement of the vote of his county at such elec¬ 
tion is made out and entered on the records of the Board of 
Supervisors, must make a certified abstract of so much thereof 
as relates to the vote given for persons for Representatives to 
Congress. 

Sec. 1345. Returns, how transmitted. The Clerk must seal 
up such abstract, indorse it “Congressional Election. Returns,” 
and without delay transmit it by mail or express to the Secre¬ 
tary of State. (Amendment approved April 7, 1911.) 

Sec. 1346. Duty of Secretary of State. On the sixtieth day 
after the day of election, or as soon as the returns have been 
received from the counties of the State, comprising any one 
district, if received within that time, the Secretary of State 
must compare and estimate the votes given or cast for such 
Representatives, and certify to the Governor the person having 
the highest number of votes in each congressional district as 
duly elected. (In effect March 14, 1901.) 

Sec. 1347. Governor to issue certificates. The Governor 
must, upon the receipt of such certificate, transmit to each of 
such persons a certificate of his election, sealed with the Great 
Seal and attested by the Secretary of State^ 



DIRECT PRIMARY LAW 

An act to provide for and regulate primary elections and provid¬ 
ing for the election of party committees, and to repeal the act 
providing for and regulating primary elections known as the 
direct primary law and approved June 16, 1913, and also to 
repeal all other acts or parts of acts inconsistent with or in 
conflict with the provisions of this act. (Approved April 28, 
1915.) 

Section 1. This act shall be known, and may be cited, as the 
“direct primary law.” 

Sec. 2. The following terms when used in this act shall, un¬ 
less a different meaning is plainly required by the context, be 
construed as follows: 

1. The term “primary election” shall mean and include any 
and every primary nominating election held under the provisions 
of this act as distinguished from a final election. 

2. The term “August primary election” shall mean the pri¬ 
mary election held in August of each even-numbered year for the 
purpose of nominating candidates for office to be voted on at 
the ensuing November election. 

3. The term “May Presidential primary election” shall mean 
the primary election, held in May of each bissextile or leap 
year, for the purpose of enabling the qualified electors of the 
several political parties to express their preference for their re¬ 
spective party candidates for President of the United States 
through the election of delegates to national party conventions.- 

4. The term “final election” shall mean any election, held for 
the purpose of electing public officers, other than a primary elec¬ 
tion, recall election, or special election. 

5. The term “November election” shall mean the general 
election held in November of each even-numbered year. 

6. The term “congressional officer” shall mean and include a 
United States Senator, a Representative in the Congress of the 
United States, and a congressional party committeeman. The 
term “congressional office” shall mean and include any office 
filled by a congressional officer. 

7. The term “county” shall include a city and county. 

8. The terms “political party” and “party” shall mean an 
organization of electors qualified as a political party in accord¬ 
ance with the provisions contained in Section 5 of this act. 

9. The term “congressional party committeeman” shall mean 
a member of the congressional party committee of any party, 
elected, or otherwise chosen, from each assembly district of 
the state. 


142 


DIRECT PRIMARY LAW 


10. THe term “City Clerk” shall mean the Clerk or Secretary 
of the legislative body of any city or municipality. 

Sec. 3. In every county and city and county in this State, 
having a registrar of voters, or registrar of voters and a Board 
of Election Commissioners, the ppwers conferred and the duties 
imposed in this statute upon County Clerks and other officers, in 
relation to elections, shall be exercised and performed by such 
registrar of voters, or registrar of voters and Board of Election 
Commissioners; and all nomination papers, list of candidates, ex¬ 
penses, and oaths of office, required by this statute to be filed 
with County Clerks, shall be filed with the Registrar of Voters. 

Sec. 4. If at any time there shall be created and established in 
this State the office of State Election Commissioner, then, and in 
that case, all functions required by this act to be performed in the 
office of the Secretary of State shall be performed in the office of 
the State Election Commissioner, and all duties required by this 
act to be performed by the Secretary of State shall be performed 
by the State Election Commissioner; and the words “State Elec¬ 
tion Commissioner” shall be understood to be meant wherever in 
this act the words “Secretary of State” are used. 

Sec. 5. A political party shall be recognized as such, and shall 
be entitled to participate in a primary election, only when, prior 
to the date of such primary election, it shall have complied with 
one or both of the. following two conditions: 

1. If it participated as a political party in the last preced¬ 
ing November election and any candidate nominated by it, and 
by no other political party, for any office voted on throughout the 
State polled at least three per cent of the entire vote of the 
State; or, providing no candidate nominated by it, and by no 
ather political party, was voted on throughout the State at such 
election, if the total votes polled for all its candidates for Repre¬ 
sentatives in Congress within the State was equal to at least three 
per cent of the entire vote of the State. 

2. If on or before the fiftieth day prior to any primary elec¬ 
tion, there shall be filed with the Secretary of State a petition, 
setting forth the intention of the parties signing the same to form 
a political party and the name which they intend to adopt for 
such party, which name shall not be so similar to the name of an 
existing political party as to mislead voters. Such petition must 
be signed by registered qualified electors equal in number to at 
least three per cent of the entire vote of the State polled at the 
last preceding November election, and the signatures thereto 
certified by the County Clerk of each county in which such elec¬ 
tors are registered, and transmitted to the Secretary of State 
substantially in the same manner as provided by this act for the 
signing, certification and transmission of nomination papers for 
State offices. 

Sec. 6. All candidates for elective public offices, nominated 
under the provisions of this act, shall be nominated as follows: 


DIRECT PRIMARY LAW 


148 


1. By direct vote at primary elections held in accordance 
with the provisions of this act; provided, that electors of Presi¬ 
dent and Vice-President of the United States shall be nominated 
as provided in Subdivision 2 of Section 43 of this act; or, 

2. By independent nomination in the manner provided by 
Section 1188 of the Political Code (as said section was amended 
at the forty-first session of the Legislature) ; provided, however, 
that no nomination shall be made under the provisions of said 
Section 1188, except in the case of congressional offices, for any 
office for which a nomination has been made at a primary elec¬ 
tion : and provided, further, that any person whose nomination 
paper has been filed and who has had his name printed as can¬ 
didate for nomination for any congressional office upon the 
official ballot at a primary election, and who, at such primary 
election, was not nominated for such office, shall be ineligible for 
nomination, under the provisions of said Section 1188, for the 
same office at the ensuing final election. But a failure of any 
person to secure a nomination for a congressional office by one 
political party shall not deprive such person of a nomination at 
such primary by another political party for the same office. 

Sec. 7. The provisions of this act shall not apply to the nomi¬ 
nation of candidates to be voted upon at a special election to 
fill vacancies or at a recall election; or to the nomination of 
candidates for any municipal or county office, where the Charter 
gf such municipality or county provides a system for the nomina¬ 
tion of such candidates; or to the nomination of candidates for 
office in any political district not formed for municipal purposes 
and other than a township; or to the nomination of freeholders 
to be elected for the purpose of framing a Charter; or to the 
nomination of candidates for office in cities of the sixth class; or 
to the nomination of school district officers. 

Sec. 8. The August primary election: shall be held through¬ 
out the State at the legally designated polling place in each pre¬ 
cinct therein, on the last Tuesday in August of each even-num¬ 
bered year for the purpose of nominating candidates for office to 
be voted for at the next ensuing November election, and of elect¬ 
ing members of the congressional party committee of 'each po¬ 
litical party participating in such primary election one member 
of which committee shall be elected at such primary election from 
each assembly district in the State. At least forty days prior 
to the time of holding each August primary election, the Secretary 
of State shall certify to each County Clerk the offices for which 
candidates are to be nominated at such August primary election 
and the names of the political parties qualified to participate 
therein. Within ten days after the receipt of such certificate 
each County Clerk shall publish, so much thereof as may be ap¬ 
plicable to the particular county, once a week for two succes¬ 
sive weeks in not more than two newspapers of general circula¬ 
tion published and circulated in such county. 


144 


DIRECT PRIMARY LAW 


Sec. 9. The day of the August primary election and the day 
of the Alay Presidential primary election are hereby declared to 
be holidays within the meaning of Section 10 of the Political 
Code. Any person entitled to vote at such August primary elec¬ 
tion or May Presidential primary election shall, on the day of such 
election, be entitled to absent himself from any service or employ¬ 
ment in which he is then engaged or employed, for \he period of 
two consecutive hours, between the time of opening and the time 
of closing the polls; and such voter shall not, because of so ab¬ 
senting himself, be liable to any penalty, nor shall any deduction 
be made, on account of such absence, from his usual salary or 
wages. 

Sec. 10. Whenever any public officials are to be elected in any 
political subdivision of the State at an election other than the 
November election and such candidates are required to be nomi¬ 
nated, or may be nominated, at a primary election held under 
the provisions of this act, such primary election shall be held 
throughout such political subdivision on the Tuesday three weeks 
next preceding the final election. The City Clerk of such po¬ 
litical subdivision shall give notice of such primary election by 
one publication thereof, in a newspaper of general circulation to 
be designated by the governing body of such political subdivision 
for that purpose. Such publication shall be made not more than 
forty and not less than twenty-five days before such primary elec¬ 
tion. Such notice shall contain a complete statement of the 
offices for which candidates are to be nominated, the date of the 
holding of such primary election, the numbers or names (but 
not the boundaries) of voting precincts and the location of the 
polling places. 

Sec. 11. The name of a candidate shall not be printed upon 
an official ballot to be used at any primary election unless at 
least forty days prior to such election, if the election be the 
August primary election or the May Presidential primary elec¬ 
tion, or at least twenty-five days prior to any other primary elec¬ 
tion held under the provisions of this act, a nomination paper 
nominating such candidate shall have been prepared, circulated,' 
signed, verified and left with the County Clerk for examination, or 
for examination and filing, in the manner provided by this act; 
and unless such candidate shall file, in the same office where his 
nomination paper is required to be filed, and prior to the expira¬ 
tion of the time within which such nomination paper may be 
filed, his affidavit stating his name and residence, with the name 
of the street and number, if any; his election precinct; that he is 
a qualified elector in the election precinct in which he resides: 
the office for which he seeks to be nominated; that if nominated 
at such primary election he will accept such nomination and will 
not withdraw and that he will qualify as such officer if nominated 
and elected. 

Sec. 12. All signatures to the nomination paper of a candidate 
must be verified by a verification deputy who shall be a registered 


DIRECT PRIMARY LAW 


145 


qualified elector, appointed in the manner provided by this sec¬ 
tion. If the candidate is a candidate at a municipal primary elec¬ 
tion, such verification deputy must reside in the municipality 
within which such election is to be held and may serve only 
within such municipality, and a certificate of his appointment 
must be filed with the City Clerk of such municipality. I'f the 
candidate is a candidate at any other primary election such verifi¬ 
cation deputy may serve anywhere within the county in which 
he resides, and a certificate of the appointment must be filed with 
the County Clerk of such county. Verification deputies may be 
appointed at any time, and from time to time, but only in the fol¬ 
lowing manner: 

1. A candidate may appoint one or more of such verification 
deputies b.y filing with the proper officer a certificate of appoint¬ 
ment, containing the name and residence of the candidate and the 
office for which he seeks to be nominated, and the names and 
residences of such verification deputies, which certificate shall be 
in substantially the following form: 

Candidate’s Appointment of Verification Deputies. 

I, the undersigned, a candidate for nomination for the office 

of.which nomination is to be made by direct vote 

at a primary election to be held on the.day of 

., 19., do hereby appoint the following registered 

qualified electors of the (county) of.as verification 

deputies to obtain signatures in said (county) to a nomination 
paper placing me in nomination as a candidate for said office of 

Verification Deputies. 

Names. Residence. 


etc. etc. 

(Signature) . 

(Residence) . 

If the candidate is a candidate for an office to be voted upon in 
more than one county, he may appoint verification deputies in 
each county in which he may desire his nomination paper to be 
circulated. 

2. As an alternative to, or in addition to, the candidate’s ap¬ 
pointment of verification deputies, the following method of ap¬ 
pointment may be employed: 

Any five registered qualified electors of the county, or of the 
municipality, if desiring to propose a candidate to be voted upon 
at a primary election, may jointly propose such candidate and 






















146 


DIRECT PRIMARY LAW 


appoint verification deputies by filing’ with the proper officer a 
certificate of appointment, verified by each of said electors, con¬ 
taining the name and residence of the candidate, the names and 
residences of the signers thereof and of the verification deputies, 
and a statement that the candidate therein named has consented 
to be thus proposed, which certificate shall be in substantially the 
following form : 

Electors’ Appointment of Verification Deputies. 

State of California, 

County of...ss. 

We, the undersigned, do solemnly swear (or affirm) that we 

are each qualified electors of the (county) of., State 

of California, and we do hereby propose., whose resi¬ 
dence is., (county) of., as a candidate for 

nomination for the office of., to be voted for at the pri¬ 
mary election to be held on the.day of., 19.; 

and we do solemnly swear (or affirm) that said.has 

consented to this proposal of his name as candidate for nomina¬ 
tion for said office. We hereby appoint the following registered 
qualified electors as verification deputies to obtain signatures in 

this (county) to the nomination paper of said. 

to said office of.: 

Verification Deputies. 

Names. Residence. 


etc. 

(Signed) 

Names. 


etc. 

Residence. 


Subscribed and sworn to before me this. 

day of., 19... 

(Seal) 


Notary Public (or other official). 

If the candidate is a candidate for an office to be voted upon in 
more than one county, he may, in like manner, be proposed for 
nomination, and verification deputies may be appointed, by the 
joint action of five registered qualified electors resident in each 
county in which such electors may desire to circulate a nomina¬ 
tion paper in his behalf. 







































DIRECT PRIMARY LAW 


147 


3. When verification deputies have been appointed by either 
of the two methods set out in Section 12 of this act, verification 
deputies shall not be appointed in behalf of the same candidate 
for the same office by the other method; provided, however, that 
in case verification deputies shall have been appointed contrary to 
this provision the candidate in whose behalf said verification 
deputies have been appointed shall elect which of the two meth¬ 
ods shall be followed and only the signatures secured by the 
verification deputies by the method so elected by such candidate 
shall be received and filed as provided in this act; and provided, 
further, that in the case of a candidate for Congressional office 
the above provision shall not prevent the appointment of verifica¬ 
tion deputies to secure signatures to a nomination paper in one 
party by one method and to secure signatures to a nomination 
paper in another party by the other method set out in said Sec¬ 
tion 12 nor affect the validity of such signatures so secured. 

4. If the candidate is proposed as a candidate for nomination 
for a Congressional office or the office of delegate to a national 
party convention, there shall be inserted in the form prescribed in 
both Subdivision 1 and Subdivision 2 of this section, immediately 
above and preceding the heading ‘'Verification Deputies,” the fol¬ 
lowing paragraph : 

The nomination herein referred to is the nomination as candi¬ 
date of the.,.party. 

If the form prescribed by Subdivision 2 of this section be used 
there shall also be inserted therein immediately following said 
paragraph the following declaration : 

We each do hereby declare it our intention to affiliate with said 

.party at said primary 

election. 

If the candidate is proposed as a candidate for Congressional 
party committeeman or delegate to a national party convention, 
the words “nomination” and “nomination for” in both Subdi¬ 
vision 1 and Subdivision 2 of this section shall be changed, where 
necessary, to “election” and “election to.” 

Except in the case of a Congressional office or the office of 
delegate to a national party convention, no reference to any po¬ 
litical party shall be required or made in any certificate appoint¬ 
ing the verification deputies for any candidate, nor, except in 
the case of a candidate for Congressional office, the office of 
Presidential Elector, or the office of delegate to a national party 
convention, shall any candidate for any office be the candidate of 
any political party; and other than those candidates nominated 
by political parties as herein excepted, the candidates nominated 
by electors for all offices shall be non-partisan candidates, and 
the offices for which they are nominated shall be non-partisan 
offices. 

5. When the primary election is an election for the nomina¬ 
tion of municipal officers, the word “city” (or “town”) should 




148 


DIRECT PRIMARY LAW 


be substituted for the word ‘‘county” in both Subdivision 1 and 
Subdivision 2 of this section. 

Sec. 13. The nomination paper of a candidate to be voted 
upon at a primary election may be presented and filed in sections. 
Each section shall contain the name and residence of the can¬ 
didate ; the name of the county and also the name of the city, if 
any, within which it is circulated; and the name of the office 
for which the candidate is proposed for nomination. 

Each nomination paper shall contain a statement that each 
signer thereof intends to support the candidate named therein for 
such nomination; and, in the presence of the verification deputy, 
each signer shall write his name, residence (with street and num¬ 
ber, if any), and the date of his signature. The name or number 
of his election precinct shall also appear on the nomination paper 
just preceding his name, and, if not written thereon by the signer, 
may be added by any person subsequent to the time of signing 
and before the nomination paper is filed. Each section of the 
nomination paper shall be prepared with the lines for signature 
numbered, and shall have attached thereto the affidavit of the 
verification deputy who has obtained signatures to the same, 
stating that all the signatures to such section were made in his 
presence, and that, to the best of his knowledge and belief, each 
signature to the section is the genuine signature of the person 
whose name it purports to be ; and no other affidavit thereto shall 
be required. Such affidavit shall be verified free of charge by 
any officer authorized to administer an oath. Each section and 
affidavit shall be in substantially the following form : 

(Form of Nomination Paper.) 

County of.city (or town) of.(if any) 

Nomination paper of., candidate for nomination 

for the office of. 

State of California, 1 

County of.: f ss. 

Signer’s Statement. 

I, one of the undersigned, a qualified elector of (the city (or 

town) of.) county of., State of California, hereby 

nominate., who resides at No.street, 

(if any), city of.(if any), county of. 

State of California, as a candidate for nomination for the office of 

.to be voted for at the primary election 

to be held on the.day of., 19. I have 

not signed the nomination paper of more candidates for such of¬ 
fice than are to be elected thereto, and I further declare that I 
intend to support for such nomination the candidate named 
herein. 

















DIRECT PRIMARY LAW 


149 


No. 

Precinct 

Signature 

Residence 

Date 

1. 





2. 





3. 





4. 





5. 





Etc. 











Verification Deputy’s Affidavit. 

I, ., solemnly swear (or affirm) that I have 

been appointed according to the provisions of the direct primary 
law, as a verification deputy to secure signatures in (the county of 

.) to the nomination paper of., as candidate 

for nomination for the office of.; that all the signatures 

on this section of said nomination paper, numbered from 1 to...., 
inclusive, were made in my presence, and that, to the best of my 
knowledge and belief, each of said signatures is the genuine sig¬ 
nature of the person whose name it purports to be. 

(Signed)... 

Verification Deputy. 

Subscribed and sworn to before me this.day 

of., 19. 


(Seal.) 


Notary Public (or other official) 


If the candidate is proposed as a candidate for nomination for 
a Congressional office or for the office of delegate to a national 
party convention, in each of the three places in the form of the 
nomination paper where the words “candidate for nomination” 
occur, there shall be inserted, between the word “for” and the 

word “nomination,” the words “the.party”; and, in case 

of such candidate for nomination for a Congressional office, just 
before the list of signatures insert the words, “I furthermore 

declare that I intend to affiliate with said.party 

at the next ensuing primary election, and that I have not signed 
the nomination paper of this candidate, or any other candidate for 
Congressional office, as candidate of any other party at such 
primary election.” If the candidate is proposed as a candidate for 
Congressional party committeeman or delegate to a national party 
convention, in each of said three places the words “nomina¬ 
tion for” shall be changed to the words “election to”; and, the 
word “nomination” next preceding the list of signers shall be 
changed to the word “election.” 

Sec. 14. Nomination papers of a candidate may be signed only 
by registered qualified electors entitled to vote for such candidate 
at the ensuing primary election and no such elector shall sign the 
papers of more candidates to such office than are to be elected 




























150 


DIRECT PRIMARY LAW 


thereto. Any section of a nomination paper signed by electors re¬ 
siding within any incorporated city shall not be signed by electors 
residing outside of such incorporated city. Any section of a 
nominating paper signed by electors residing outside of an in¬ 
corporated city shall not be signed by electors residing within an 
incorporated city. 

Sec. 15. Signatures to the nomination paper of a candidate to 
be voted upon for any office at the May Presidential primary 
election or the August primary election, may be obtained at any 
time not more than seventy days or less than forty days next 
preceding such primary election. Signatures to the nomination 
paper of a candidate to be voted upon for any office at any other 
primary election held under the provisions of this act, may be 
obtained at any time not more than forty days or less than 
twenty-five days next preceding such primary election. 

The verification of signatures to nomination papers shall not 
be made by the candidate, or by any County Clerk, or Registrar 
of Voters, or by any of the deputies in the office of such 
County Clerk or Registrar of Voters, nor shall any such nomina¬ 
tion papers be signed within one hundred feet of any place where 
registration of electors is being conducted. 

A nomination paper verified as provided by this section shall be 
prima facie evidence that each signature thereto appended is 
genuine and that the person signing the same is a registered 
qualified elector, unless such signature is marked 'hiot sufficient,” 
as provided for in Section 17 of this act. 

If the candidate is proposed as a candidate for a Congressional 
office, or the office of delegate to a national party convention, 
each section of his nomination paper shall contain the name 
of the political party whose nomination is sought; but in no 
other instance shall a nomination paper contain the name of, or 
reference to, any political party. A candidate for nomination for 
a Congressional office (except the office of Congressional party 
committeeman) may be proposed as the candidate of more than 
one political party, and shall be entitled to have his name printed 
upon the official primary ballot as the candidate of each political 
party in which he is proposed as a candidate in the manner pro¬ 
vided by this act, but no person shall be entitled to become 
a candidate for more than one office at the same election, except 
for a short, or unexpired, term and a full term for the same office. 

Sec. 16. The required number of signatures upon a nomina¬ 
tion paper shall be as follows: 

1. If the candidate is proposed as the candidate of a political 
party for a Congressional office, or the office of delegate to a 
national party convention, the nomination paper of such candi¬ 
date must be signed by not less than one-half of one per cent 
nor more than two per cent of the vote polled for such party’s 
candidate for United States Senator, at the last preceding Novem^ 
her election at which a United States Senator was elected, in 
the State or in that political subdivision for which the candidate 


DIRECT PRIMARY LAW 


151 


is proposed for nomination. Such party’s candidate for United 
States Senator may have been the candidate, either of the party 
alone, or of the party in conjunction with one or more other 
parties. But if such political party did not have any candidate 
for United States Senator at such last preceding November elec¬ 
tion at which a United States Senator was elected, the nomina¬ 
tion paper must be signed by not less than one-half of one per 
cent nor more than two per cent of the total vote polled for all 
the candidates for United States Senator, at such last preceding 
November election in the State or political subdivision for which 
the candidate is proposed for nomination. 

2. If the candidate is proposed as a candidate for nomination 
for any office except a Congressional office, or the office of dele¬ 
gate to a national party convention, he shall not be proposed as 
the candidate of any political party, and the nomination paper 
of such candidate must be signed by not less than one-half of 
one per cent nor more than two per cent of the vote polled by 
the candidate who was elected Governor, at the last preceding 
election at which a Governor was elected, in the State or political 
subdivision for which the candidate is proposed for nomination. 

Sec. 17. Each section of the nomination paper of any candi¬ 
date, after being verified, shall be returned by the verification 
deputy, if he was appointed by such candidate, to the candidate, 
or to some one designated by him ; or, if he was not appointed 
by such candidate, to one of the five electors by whom he was 
appointed. The sections of said nomination paper shall there¬ 
upon be fastened or bound together by cities or towns or outside 
territory in the county not included in any city or town, substan¬ 
tially in the manner required for the binding of affidavits gf 
registration by the provisions of Section 1113 of the Political 
Code. 

The nomination papers of candidates to be voted for in more 
than one county or throughout the entire State, properly as¬ 
sembled, may - be consolidated and fastened or bound together 
by counties; but in no case shall nomination papers signed by 
electors of different counties be fastened or bound together. 
All nomination papers which by the provisions of this act are 
required to be filed in the office of the Secretary of State shall 
be deliv'ered for examination to the County Clerk of the county in 
which the signatures to such nomination papers were obtained, 
at least forty days prior to the August primary election or the 
May Presidential primary election. The County Clerk shall 
thereupon examine the signatures upon such nomination papers 
and shall disregard and mark “not sufficient” any signature ap¬ 
pearing on such nomination paper of a person who is not regis¬ 
tered or whose signature upon the nomination paper' is not in 
the same handwriting as the signature upon the affidavit of 
registration of such person on file in the office of the County 
CTerk. Thereupon the County Clerk shall attach to such nomi¬ 
nation paper a certificate reciting that he has examined said nomi¬ 
nation paper and stating as “sufficient” .the number of names 


152 


DIRECT PRIMARY LAW 


signed thereto which have not been marked ‘‘not sufficient” as 
hereinabove provided, and shall, within five days after the re¬ 
ceipt by him of such nomination paper, forward it with such 
certificate attached, to the Secretary of State, who shall receive 
and file the same. The delivery of a nomination paper to a 
County Clerk shall entitle the candidate to have all signatures 
thereon found to be “sufficient” counted in determining the total 
number of signatures to be credited to such candidate as entitling 
him to a place on the primary ballot; and no default on the part 
of the County Clerk, Secretary of State, or other officer shall 
aflfect the right of any candidate to have all “sufficient” signa¬ 
tures considered in determining his right to have his name go 
upon the primary ballot. The County Clerk shall in substantially 
the manner above provided examine the signatures to all other 
nomination papers which shall be deliverd to him for examination 
under the provisions of this act and certify to the signatures 
thereto and to the result of such examination and shall within 
ten days after the receipt by him of any such nomination papers 
required by this act to be filed in his office so file the same with 
such certificate attached and within five days after the receipt by 
him of any nomination paper required by this act to be filed in 
the office of the City Clerk of any municipality forward it with 
such certificate attached to the City Clerk of such city. All nomi¬ 
nation papers required to be filed either in the office of the 
Secretary of State or in the office of the County Clerk or City 
Clerk shall be filed within ten days of the day on which they were 
left for examination, as provided in Section 11 of this act. 

Sec. 18. Whenever the boundaries of any political subdivision 
of the State are legally changed, the vote polled by each party 
in each of the new political subdivisions for United States Sen¬ 
ator, and the vote polled in each of the new political subdivisions 
by the candidate who was elected Governor, as provided in Sec¬ 
tion 16, shall be determined as follows: 

1. If the change occurs wholly within any county, the County 
Clerk of such county shall determine as nearly as possible the 
total of such vote for Governor, and the total of each of such 
party votes for United States Senator, in the new political 
subdivision, by totaling the vote polled for each of such officers 
in the precincts combined to form such new political subdivision. 

2. Jf the change does not occur wholly within the limits of 
any county, the Secretary of State shall determine the total of 
such vote for Governor, and the total of each of such party votes 
for United States Senator, in the new political subdivision, by 
totaling the vote polled for each of such officers in that portion 
of the original county or counties comprising such new political 
subdivision. 

Sec. 19. All nomination papers required to be filed by this act 
shall be filed as follows: 

1. For State officers (including members of the State Board 
of Equalization), Congressional officers (including Congressional 


DIRECT PRIMARY LAW 


153 


party committeemen), delegates to a national party convention, 
members of the State Senate and Assembly, and all other officers 
voted for in districts comprising more than one county, in the 
office of the Secretary of State. 

2. For officers to be voted for wholly within one county, 
except as otherwise provided, in the office of the County Clerk 
of such county. 

3. For municipal officers, in the office of the City Clerk or 
secretary of the legislative body of such city or municipality. 

4. When a nomination paper or sections thereof shall have 
been received which contain a number of signatures equal to 
the maximum number permitted by this act, the officer with 
whom such papers are required to be filed shall not file further 
Sections. 

Sec. 20. The officer with whom nomination papers are filed 
shall keep a record in which he shall enter the names of all 
candidates for whom the same are filed, the name of the office, 
the party, if any, and the date of filing. No more signatures shall 
be secured to any nomination paper in excess of one per cent be¬ 
yond the maximum per cent permitted by this act. 

Sec. 21. The following filing fees shall be paid by the candi¬ 
date, except as provided in Subdivision 6 of this section. 

1. A filing fee of fifty dollars shall be paid to the Secretary 
of State by each candidate for State office or for the United States 
Senate, except as otherwise provided by this section. 

2. A filing fee of twenty-five dollars shall be paid to the 
Secretary of State by each candidate for Representative in Con¬ 
gress or for any office, except member of State Senate and As¬ 
sembly, to be voted for in any district comprising more than one 
county. 

3. A filing fee of ten dollars shall be paid to the Secretary of 
State by each candidate for the State Senate or Assembly. 

4. A filing fee of ten dollars shall be paid to the County Clerk 
when the nomination paper and affidavit of any candidate to be 
voted for wholly within one county or city and county are filed 
with such County Clerk. 

5. A filing fee of ten dollars shall be paid to the City Clerk 
when the nomination paper and affidavit of any candidate for a 
city office are filed with such Clerk. 

6. No filing fee shall be required from any person to be 
voted for at the May Presidential primary election, or from any 
candidate for an office (including the office of Congressional 
party committeeman), to the holder of which no fixed compensa¬ 
tion is paid, or for any office, except that of State Senator or As¬ 
semblyman, the fixed compensation to the incumbent of which 
does not exceed the sum of nine hundred dollars per annum. 

7. In no case shall the Secretary of State, (bounty Clerk, or 
City Clerk, place the name of any candidate on the ballot or cer¬ 
tify any such name to be placed thereon until the requisite 


154 


DIRECT PRIMARY LAW 


filing fee has first been paid, but the County Clerk shall, not¬ 
withstanding the provisions of this subdivision, examine the sig¬ 
natures to all nomination papers presented to him under the pro¬ 
visions of this act and certify the result of such examination as 
required by the provisions of Section 17 of this act. 

8. When a person who has not filed a nomination paper is 
nominated for an office by having his name written on a primary 
election ballot, he must pay the same filing fee that would have 
been required if his nomination paper had been filed; otherwise 
his name must not be printed on the ballot at the ensuing final 
election. 

9. When a candidate for nomination to a Congressional of¬ 
fice is proposed for nomination by more than one political party, 
he must pay a separate filing fee for each party in which he is 
proposed for nomination; or if, having filed a nomination paper 
for one party, he is nominated by another party by having his 
name written on a primary election ballot, he must pay the same 
filing fee for such other party nomination that would have been 
required if his nomination paper for such other party had been 
filed; otherwise he shall not be credited with the nomination of 
such other party on the ballot at the ensuing final election. 

10. The Secretary of State, County Clerk or City Clerk with 
whom the nomination papers of any candidate are filed pursuant 
to the provisions of this act shall, if the same be found suffi¬ 
cient, unless the filing fee therefor has been paid, forthwith notify 
such candidate in writing of the filing of such nomination papers 
and demand payment of the required filing fee. 

Sec. 22. The County Clerk shall immediately pay to the 
County Treasurer all fees received from candidates. The City 
Clerk shall immediately pay to the City Treasurer all fees re¬ 
ceived from candidates. Within ten days after the primary 
election the Secretary of State shall pay to the State Treasurer 
all fees received from candidates and shall apportion the fees 
paid to him by each candidate equally among the counties within 
which such candidate is to be voted for, and certify such ap^ 
portionment to the State Controller, who shall issue warrants on 
the State Treasurer for the amount due each county and the State 
Treasurer shall pay the same. 

Sec. 23. The expense of providing all ballots, blanks, rubber 
stamps and other supplies necessary to be used at any primary 
election according to the provisions of this act and all expenses 
necessarily incurred in the preparation for or the conduct of such 
primary election shall be paid out of the treasury of the city, 
city and county, county or State, as the case may be, in the 
same manner, with like effect and by the same officers as in the 
case of general elections. 

Sec. 24. At least thirty days before any August primarv 
election preceding a November election or before any May presi¬ 
dential primary election the Secretary of State shall transmit to 


DIRECT PRIMARY LAW 


155 


each County Clerk a certified list containing the name and post- 
office address of each person for whom nomination papers have 
been filed in the office of such Secretary of State, who is entitled 
to be voted for in such county at such primary election, together 
with a designation of the office for which such person is a can¬ 
didate and, if a candidate for congressional office, or the office 
of delegate to a national party convention, the name of the 
party in which he is proposed as candidate. Such County Clerk 
shall forthwith, upon receipt thereof, publish a notice setting 
forth, under the proper party designation, the title of each con¬ 
gressional office and of the office of delegate to a national party 
convention which appears upon the certified list transmitted by 
the Secretary of State as hereinbefore provided, together with 
the names and addresses of all persons for whom nomination pa¬ 
pers have been filed for each of said offices in the office of the 
Secretary of State, and also the titles of all other offices to¬ 
gether with the names and addresses of all persons for whom 
nomination papers have been filed for each of said offices, either 
in the office of the Secretary of State or in the office of the 
County Clerk, which notice shall state that candidates for offices 
may be voted for at the primary election by any registered, quali¬ 
fied elector of the county. Such notice shall also set forth the 
date of the primary election, the hours during which the polls will 
be open, and that the primary election will be held at the legally 
designated polling place in each precinct, which shall be particu¬ 
larly designated. It shall be the duty of the County Clerk to 
cause such publication to be made once each week for two suc¬ 
cessive weeks prior to said primary election. Every publication 
required by this act shall be made in not more than two news¬ 
papers of general circulation published in such county. 

Sec. 25. All voting at primary elections shall be by ballot. 
On all ballots to be voted at an August primary election, the 
first column (or the first two columns when the first column alone 
is insufficient) shall be reserved for congressional offices, the 
names of candidates for each of such offices being printed under 
the proper party designation of the party in which such candi¬ 
dates are proposed for nomination. Every political party entitled 
to participate in the August primary election shall appear in this 
first column (or these first two columns) provided such party 
has any candidate for any congressional office whose nomina¬ 
tion paper has been filed according to the provisions of this act. 
The order of the congressional offices under each party designa¬ 
tion shall be as follows: first. United States Senator (if any) ; 
next, representative in Congress; and last, congressional party 
committeeman. The party which shall appear at the head of 
this first column shall be the party whose candidate for United 
States Senator received the largest vote at the last preceding 
November election at which a United States Senator was elected. 
The party which shall appear next shall be the party whose 
candidate for United States Senator received the second largest 
vote at such November election, and so on for all the parties 


156 


DIRECT PRIMARY LAW 


qualified to participate in such primary election. Each elector 
shall be entitled to vote for the candidates for congressional of¬ 
fices who are proposed for nomination in that party with which 
he shall declare his affiliation at the time he receives his ballot, 
and for no other candidates for such offices except as he may 
write in the names of such other candidates in the blanks 
provided for that purpose. If he does not express a desire to af¬ 
filiate with any party he shall not be entitled to vote at such 
primary election for the nomination of any candidates for con¬ 
gressional offices. For all candidates to be voted for at such 
primary election, except candidates for congressional offices, the 
elector shall vote without regard to party. 

Sec. 26. It shall be the duty of the County Clerk of each 
county to provide printed official ballots to be used at any August 
primary election or May presidential primary election. It shall 
be the duty of the City Clerk to provide printed official ballots 
for any primary election held within the municipality of which he 
is an officer for the purpose of nominating candidates to be voted 
on therein at a municipal election. Such official ballots shall 
be printed upon official paper furnished in the manner provided 
by Section 1196 of the Political Code, and such ballots to be used 
at any August primary election, -shall be in the form hereinafter 
provided. The names of all candidates for the respective offices 
for whom nomination papers have been duly filed shall be printed 
thereon. 

Sec. 27. 1. Across the top of the primary election ballot shall 

be printed in heavy faced gothic capital type, not smaller than 
forty-eight point, the words: ‘‘Official primary election ballot,” 
providing that on any primary ballot less than four columns in 
width said words may be printed in heavy faced gothic capital 
type not smaller than twenty-four point. 

2. Beneath the heading “Official primary election ballot,” 
shall appear in heavy faced gothic capital type, the name of 
the county in which the ballot is being used; and at least 
three-eighths of an inch below the name of the county shall ap¬ 
pear the supervisorial district, providing there are no more than 
five assembly districts in the county, or the assembly district, 
providing there are more than five assembly districts in the 
county; the word “district” to be followed in either case by a 
semicolon and the date of the primary election. At least three- 
eighths of an inch below the district designation and the date of 
the primary election shall be printed in ten-point black gothic 
type, double leaded, the following instructions to voters: “To 
vote for a person whose name appears on the ballot, stamp a 
cross (X) in the square at the right of the name of the person for 
whom you desire to vote. To vote for a person whose name is 
not printed on the ballot, write his name in the blank space pro¬ 
vided for that purpose; and it is optional, but not necessary, to 
stamp a cross after such name. Vote for congressional candi¬ 
dates of that party only which is not marked ‘cancelled’ by the 
election officer.” 


DIRECT PRIMARY LAW 


157 


3. The instructions to voters shall be separated from the lists 
of candidates by one heavy and one light line or rule. The names 
of the candidates and the respective offices shall, except as may 
be hereinafter otherwise provided, be printed on the ballot in 
parallel columns, each two and one-half inches wide. The first 
column of the ballot (or the first two columns, as the case may 
be), shall contain the groups' of names of candidates for con¬ 
gressional offices, arranged under their various party designa¬ 
tions as provided in Section 25 of this act, and the first column 
shall be headed by the word “Congressional.” The party tickets 
of the several political parties shall be separated from one an¬ 
other by a blank space of not less than one inch. The names 
of the political parties shall be printed in ten-point black gothic 
capital type. To the right of this first column (or these first two 
columns, as the case may be) shall be a solid black line, extend¬ 
ing down from the printed lines separating the instructions to 
voters from the lists of names of candidates to the bottom mar¬ 
gin of the ballot. In the case of a primary election for the nomi¬ 
nation of candidates to be voted for at a presidential or general 
state election, the order of precedence for the columns to the 
right of this solid black line shall be as follows, that is to say: 
in the first column to the right of the solid black line, under 
the heading State shall be printed the groups of names of can¬ 
didates for State offices, (except judicial and school offices), in¬ 
cluding members of the State Board of Equalization. Next, 
under the heading Legislative shall be printed the groups of 
names for State Senator, if any, and for Member of the Assembly. 
Under the heading Judicial shall be printed all the names of can¬ 
didates for judicial offices, in the order of Chief Justice Supreme 
Court, Associate Justices Supreme Court, Judge of District Court 
of Appeals, Judge of Superior Court, Justice of the Peace and 
other judicial officers, if any. Next, under the heading School 
shall be printed all the names of candidates for school offices in 
the order of State Superintendent of Instruction and Superin¬ 
tendent of Schools. Next, under the heading County shall be 
printed the groups of candidates for all county and township 
offices except judicial or school offices. In the case of primary 
elections where nominations are to be made for only a portion 
of these offices, at the right of the solid black dividing line 
there may be only one column. The tally sheets furnished to 
election officers shall have the names of offices, and candidates 
arranged in the order in which said names of offices and candi¬ 
dates are printed on the ballots according to the provisions of this 
section and subdivision. In the case of primary elections for the 
nomination of candidates for city, city and county or municipal 
offices only, the order of precedence shall be determined by the 
legislative body of such city or municipality or by the Board of 
Election Commissioners of any such city and county. 

4. The group of names of candidates for nomination for any 
office except a Congressional office shall include all the names 


158 


DIRECT PRIMARY LAW 


receiving the requisite number of signatures on nomination pa¬ 
pers for such office; but the groups of names of candidates for 
Congressional offices appearing on the ballots under the head of 
each political party shall comprise only the names of candidates 
for nomination by such party. If any candidate is nominated to 
fill out a short term office as distinguished from another candi¬ 
date on the same ballot nominated for a full term of the same 
office, the words “short term” or “full term,” as the case may be, 
shall be printed below the title of such offices on the ballot, 
preceding the respective groups of names of candidates. 

Sec. 28. The order in which the names of candidates for any 
office shall appear upon the primary election ballot to be used 
at any election held under the provisions of this act other than 
the May Presidential primary election shall be determined as 
follows: 

1. If the office is an office the candidates for which are to 
be voted on throughout the entire State, including United States 
Senator in Congress, the Secretary of State shall arrange the 
names of all candidates for such office in alphabetical order for 
the first assembly district; and thereafter for each succeeding 
assembly district, the name appearing first for each office in the 
last preceding district shall be placed last, the order of the other 
names remaining unchanged. If the office is that of Representa¬ 
tive in Congress, or is an office the candidates for nomination 
to which are to be voted on in more than one county or city 
and county, but not throughout the entire State, except the office 
of State Senator or Assemblyman or Congressional party com¬ 
mitteeman, the Secretary of State shall arrange the names of all 
candidates for such office in alphabetical order for that assembly 
district which is lowest in numerical order of any assembly dis¬ 
trict in which such candidates are to be voted on; and thereafter 
for such succeeding assembly district in which such candidates 
are to be voted on, the name appearing first for such office in the 
last preceding district shall be placed last, the order of the other 
names remaining unchanged. In transmitting to each County 
Clerk or Registrar of Voters the certified list of names of candi¬ 
dates as required by this act, the Secretary of State shall certify 
and transmit the list of candidates for nomination to each office 
according to assembly districts, in the order of arrangement as 
determined by the above provisions; and in the case of each 
county or city and county containing more than one assembly 
district, he shall transmit separate lists for each assembly district. 
Except for the office of State Senator or Assemblyman, or Con¬ 
gressional party committeeman, the order in which the names 
filed with the Secretary of State shall appear upon the ballot, 
shall be for each assembly district the order as determined by the 
Secretary of State in accordance with the above provisions,, and 
as certified and transmitted by him to each County Clerk or 
Registrar of Voters. 

2. If the office is an office to be voted on throughout but 


DIRECT PRIMARY LAW 


159 


wholly within one county or city and county, except the office 
of Representative in Congress or State Senator or Assemblyman, 
or Congressional party committeeman, the County Clerk shall ar¬ 
range the names of ail candidates for such office in alphabetical 
order for the first Supervisorial district; and thereafter for each 
Supervisorial district, the name appearing first for each such 
office in the last preceding Supervisorial district shall be placed 
last, the order of the other names remaining unchanged; pro¬ 
vided, that there are no more than five Assembly districts in 
such county, or city and county. If there are more than five 
Assembly districts in such county or city and county, the County 
Clerk shall so arrange on the ballot the order of names of all 
candidates for such office that they shall appear in alphabeti¬ 
cal order for that Assembly district in such county, or city and 
county, which is. lowest in numerical order, and thereafter for 
each succeeding Assembly district in such county, or city and 
county, the name appearing first for each office in the last pre¬ 
ceding Assembly district shall be placed last, the order of the 
other names remaining unchanged. 

3. If the office is that of State Senator or Assemblyman or 
Congressional party committeeman, or any office except the of¬ 
fice of Representative in Congress to be voted on wholly within 
any county or city and county, but not throughout such county or 
city or county, the names of all candidates for such office shall 
be placed upon the ballot in alphabetical order. 

4. If the office is a municipal office in any city or town whose 
Charter does not provide for the order in which names shall 
appear on the ballot, the names of candidates for such office shall 
be placed upon the ballot in alphabetical order. 

Sec. 29. In publishing the names and addresses of all candi¬ 
dates for whom nomination papers have been filed, as required in 
this act, the County Clerk shall publish the names in the order 
in which they will appear upon the ballot; provided, that in 
counties or cities and counties containing more than five As¬ 
sembly districts the order of names of candidates shall be that of 
the Assembly district in such county or city and county which 
is lowest in numerical order, and that, in all other counties, the 
order shall be that of the first Supervisorial district. 

Sec. 30. Each group of candidates to be voted on shall be pre¬ 
ceded by the designation of the office for which the candidates 
seek nomination, and the words “Vote for one” or “Vote for 
two” or more according to the number to be elected to such of¬ 
fice at the ensuing election. Such designation of the office to be 
nominated for and of the number of candidates to be nominated 
shall be printed in heavy faced gothic type, not smaller than ten- 
point. The word or words designating the office shall be printed 
flush with the left-hand margin and the words “Vote for one” 
or “Vote for two” or more, as the case may be, shall extend to 
the extreme right of the column and over the voting square. 
The designation of the office and the direction for voting shall 
be separated from the names of the candidates by a light line. 


160 


DIRECT PRIMARY LAW 


Sec. 31. The names of the candidates shall be printed on the 
ballot without indentation, in roman capital type not smaller 
than eight-point, between light lines or rules three-eighths of an 
inch apart. Under each group of names of candidates shall be 
printed as many blank spaces, defined by light lines or rules, 
three-eighths of an inch apart, as there are to be candidates nomi¬ 
nated for such office. To the right of the names of the candidates 
shall be printed a light line or rule so as to form a voting 
square three-eighths of an inch square. Each group of names of 
candidates shall be separated from the succeeding group by one 
light and one heavy line or rule. Each series of groups shall 
be headed by the word “Congressional,’’ “State,’’ “Legislative,” 
“Judicial,” “School,” “County” or “Municipal” or other proper 
general classification, as the case may be, printed in heavy faced 
gothic capital type, not smaller than twelve-point. All official 
primary election ballots to be used at any August primary elec¬ 
tion shall have printed on the back and immediately below the 
center thereof, in eighteen-point gothic capital type, the words 
“Official Primary Election Ballot,” and underneath these words 
the respective numbers of the Congressional, Senatorial and As¬ 
sembly districts in which each ballot is to be voted. If there are 
no more than five Assembly districts in the county, there shall 
also be added the name of the Supervisorial district and of the 

county, as follows-: “.Supervisorial district of 

.county.” The ballot shall be printed on 

a single leaf with a stub and separated therefrom by a perforated 
line across the top of the ballot. On each ballot a perforated line 
shall extend from top to bottom one-half inch from the right- 
* hand side of such ballot, and upon the half-inch strip thus formed 
there shall be no printing except the number of the ballot which 
shall be on the back of each strip, in such position that it shall 
appear on the outside when the ballot is folded. The number on 
each ballot shall be the same as that on the corresponding stub, 
and the ballots and stubs shall be numbered consecutively in 
each county; provided, that thei sequence of numbers on such 
official ballots and stubs shall begin with the number one. The 
official ballots shall be made up in stub books, each book to 
contain ten, or some multiple of ten ballots, in the manner pro¬ 
vided by law for official election ballots, and except as to the 
order of the names of candidates shall be printed in substantially 
the following form : 




DIRECT PRIMARY LAW 


161 




OFFICIAL PRIMARY [LECTION 

« 

MONTEREY COUNTY 

Third Supervisorial District; August 29, 1916 


BALLOT 


To vote for a perjon who*« name appears the ballot, stamp a cross (X^ in the square at the RIGHT of the name of the person for whom 
f5u desire to To vote for a person whose name is not printed on the ballot, write his name In the blank space provided for that purpose; 

and It is optional, but not necessary, to stamp a cross after such name. Vote for Congressional candidates of that party only which Is not 
marked cancelled** by the election officer. r- t t 




















































































































































































































































































































































































162 


DIRECT PRIMARY LAW 


Sec. 32. At least twenty clays before the August primary elec¬ 
tion or before the May Presidential primary election each County 
Clerk or Registrar of Voters in every county or city and county 
shall prepare sample ballots, placing thereon in the order pro¬ 
vided by law, and under the appropriate title of each office, the 
names of all candidates for whom nomination papers with the re¬ 
quisite number of “sufficient” signatures have been duly filed with 
him, or have been certified to him by the Secretary of State, 
to be voted for at the primary election in his county or city and 
county. Such sample ballots shall be printed on paper of a dif¬ 
ferent color and texture from the paper to be used on the official 
ballot, and shall be mailed to each voter entitled to vote at such 
August primary election or May Presidential primary election, as 
the case may be, not more than twenty nor less than seven days 
before the election. The County Clerk, on or before the first day 
on which sample ballots are mailed to the voters, shall mail a 
copy to each candidate for whom the nomination papers have 
been filed with him or whose name has been certified to him by 
the Secretary of State, to the post office address as given in such 
nomination paper or certification, and he shall post a copy of 
each sample ballot in a conspicuous place in his office. Before 
such primary election the County Clerk shall cause the official 
ballot to be printed as provided in Section 26 of this act, and dis¬ 
tributed in the same manner and in the same quantities as pro¬ 
vided in Sections 1198, 1199 and 1201 of the Political Code for 
the distribution of ballots for elections. In the case of primary 
elections for the nomination of candidates for city offices it shall 
be the duty of the City Clerk, or such other officer charged by law 
with the duty of preparing and distributing the official ballots 
used at elections in such city or municipality, to prepare and mail 
the sample ballot and to prepare and distribute the official pri¬ 
mary election ballots, and so far as applicable the provisions of 
this act shall apply to the nomination of all candidates for city 
offices. 

Sec. 33. The polls must be opened at six o’clock of the morn¬ 
ing of the day of primary election and must be kept open until 
seven o’clock in the afternoon of the same day, when the polls 
shall be closed; provided, however, that if at the hour of closing 
there are any voters in the polling place, or in line at the door, 
who are qualified to vote and have not been able to do so since 
appearing, the polls shall be kept open a sufficient time to en¬ 
able them to vote. But no one who shall arrive at the polling 
place after seven o’clock in the afternoon shall be entitled to vote, 
although the polls may be open when he arrives. No adjourn¬ 
ment or intermission shall be taken except as provided in the 
case of general elections. 

Sec. 34. The officers for primary elections shall be the same 
in number, and shall be appointed in the same manner, as pro¬ 
vided by law fop general elections, and such officers shall re¬ 
ceive the same compensation for their services at primary elec¬ 
tions as provided by law for general elections. 


DIRECT PRIMARY LAW 


163 


It shall be the duty of the proper officers to furnish the original 
affidavits of registration and indexes for use at primary elections, 
which shall show the names of all voters entitled to vote at such 
primary elections, and shall be numbered, for purposes of the 
primary election, in like manner as provided in Section 1113 of 
the Political Code. And all the provisions of Section 1096 of the 
Political Code, so far as they are consistent with the provisions of 
this act, are hereby made applicable to primary elections within 
the meaning of this act. 

Sec. 35. Any elector offering to vote at a primary election may 
be challenged by any elector of the city, city and county or 
county, upon either or all of the grounds specified in Section 1230 
of the Political Code, but his right to vote the Congressional 
primary election ticket of the political party with which, on receiv¬ 
ing his ballot, he declares his intention to affiliate, shall not be 
challenged on any ground or subjected to any tests other than 
those provided by the Constitution and Section 1230 of the 
Political Code of this State, except on the ground of his having 
previously declared his intention to affiliate with another political 
party at such primary election, such declaration having been ex¬ 
pressed at the time of his signing the nomination paper of a can¬ 
didate of such other party. 

Sec. 36. Any elector qualified to take part in any primary 
election, who has, at least thirty days before the day of such 
primary election, qualified by registration, as- provided by Section 
1096 of the Political Code, shall be entitled to vote at such 
primary election, such right to vote being subject to challenge 
only as hereinabove provided; and on writing his name or having 
it written for him on the roster, as provided by law for gen¬ 
eral elections in this State, he shall likewise write or have 
written upon the roster the name of the political party with 
which he intends to affiliate in voting for candidates for Congres¬ 
sional offices at the next ensuing November election. He shall 
then, in an audible tone of voice, declare to the election officer 
from whom he receives his ballot the name of such political party 
with which he intends to affiliate, and the Clerk whose duty it is, 
according to law, to write opposite the name of the elector the 
number of the ticket given him, shall also write opposite his 
name the name of said political party with which the elector de¬ 
clares it his intention to affiliate. At the August primary ejec¬ 
tion, the election officer having charge of the ballots, before 
giving him his ballot shall write with ink, or, with a stamp pro¬ 
vided for the purpose, stamp the word “Cancelled” across the 
names of candidates for Congressional offices printed under the 
name of all the political parties except that with which the elector 
thus declares his intention to affiliate, and' the elector shall be 
entitled to vote only for candidates for nomination to Congres¬ 
sional offices printed or written in under the name of such party 
as is not thus marked “Cancelled.” If the voter does not express 
a desire to affiliate with any party, he need not write, or declare. 


164 


DIRECT PRIMARY LAW 


or have written the name of any political party, and in such case 
the election officer shall write or stamp the word “Cancelled” 
across the names of all candidates for nomination to Congres¬ 
sional offices, and the elector shall not be entitled to vote for any 
such candidates. No one shall be entitled to vote at any primary 
election who has not been a resident of the State one year, of the 
county ninety days, and of the precinct thirty days, next preceding 
the day upon which such primary election is held. The voter 
shall be instructed by a member of the Board as to the proper 
method of marking and folding his ballot, and he shall then retire 
to an unoccupied booth and without undue delay stamp the same 
with the rubber stamp there found. If he shall spoil or deface 
the ballot he shall at once return the same to the ballot clerk and 
receive another. 

Sec. 37. The voter shall designate his choice on the ballot by 
stamping a cross (X) in the small square opposite the name of 
each candidate or group of candidates for whom he wishes to 
vote; or he may vote for a person whose name is not printed on 
the ballot by writing the name of such person in a blank space 
provided therefor, which name so written may or may not De 
followed by a cross stamped or otherwise made. If he shall 
stamp more names than there are candidates to be nominated for 
any office, or if for any reason it be impossible to determine his 
choice for any office, his ballot shall not be counted for such 
office, but the rest of his ballot, if properly stamped, shall be 
counted. No ballot shall be rejected for any technical error which 
does not render it impossible to determine the voter’s choice, even 
though such ballot be somewhat soiled or defaced. 

Sec. 38. When a voter has stamped his ballot he shall fold it 
so that its face shall be concealed and only such printed designa¬ 
tion as the law may require to appear on the back thereof shall 
be visible, and hand the same to the member of the Board in 
charge of the ballot box. Such folded ballot shall be voted as 
ballots are voted at general elections and the name of the voter 
checked upon the affidavit of registration as having voted. 

Sec. 39. No adjournment or intermission whatever shall take 
place until the polls shall be closed and until all the votes cast at 
such polls shall be counted and the result publicly announced, 
but this shall not be deemed to prevent any temporary recess 
while taking meals or for the purpose of other necessary delay; 
provided, that no more than two members of the Board shall at 
any time be absent from the polling place. 

Sec. 40. As soon as the polls are finally closed the judges 
must immediately proceed to canvass the votes cast at such 
primary election. The canvass must be public, in the presence 
of bystanders, and must be continued without adjournment until 
completed and the result thereof declared. Except as hereinafter 
provided, the canvass shall be conducted, completed and returned 
as provided by Sections 1211, 1253, 1254, 1255, 1256, 1257, 1258, 
1259, 1260, 1261, 1262, 1263, 1264, 1264a, 1265, 1266, 1267, and 


DIRECT PRIMARY LAW 


165 


1268 of the Political Code of this State. The number of ballots 
agreeing or being made to agree with the number of names on 
the lists, as provided by Section 1255 of the Political Code, the 
Board must take the ballots from the box, count all the votes on 
all the ballots, and record the same on the tally lists provided 
for that purpose. 

Sec. 41. The Board of Supervisors of each county, the Board 
of Election Commissioners in any city and county, or, in the case 
of a city or municipal primary election, the officers charged by 
law with the duty of canvassing the vote at any city or municipal 
election in such political subdivision, shall meet at the usual 
place of such meeting, or at any other place permitted by law, 
at one o’clock in the afternoon of the first Thursday after each 
primary election to canvass the returns, or as soon thereafter as 
all the returns are in. When begun the canvass shall be con¬ 
tinued until completed, which shall not be later than six o’clock 
in the afternoon of the sixteenth day following such primary 
election. The Clerk of the Board must, as soon as the result is 
declared, enter upon the records of such Board a statement of 
such result, which statement shall contain the whole number of 
votes cast for each candidate of each political party for nomina¬ 
tion for a Congressional office, or for the office of delegate to a 
national party convention and also for each candidate for nomina¬ 
tion for any other office. The Clerk shall also make a duplicate 
statement in the same form, showing the votes cast for each 
candidate not voted for wholly within the limits of such county 
or city and county. The County Clerk shall forthwith send to 
the Secretary of the State by registered mail or by express one 
complete copy of all returns as to such candidates, and as to all 
candidates for the State Assembly, State Senate, Congressional 
party committee. Representatives in Congress, members of the 
State Board of Equalization, judicial officers (except Justices of 
the Peace), and as to all persons voted for at the May Presidential 
primary election. The Secretary of State shall, not later than 
the twenty-first day after any primary election, compile the re¬ 
turns for all candidates voted for in more than one county, and 
for all candidates for the Assembly, State Senate, Congressional 
party committee. Representatives in Congress, State Board of 
Equalization, and judicial offices (except Justices of the Peace), 
and for all persons voted for at the May Presidential primary elec¬ 
tion, and shall make out and file in his office a statement thereof. 
He shall compile the returns for the May Presidential primary 
election not later than the twenty-first day after such election, 
and shall- compile said returns in such a manner as to show, 
for each candidate, both the total of the votes received and the 
votes received in each Congressional district of the State. 

Sec. 42. The name of the person in each political party who 
receives at a primary election the highest number of votes for a 
Congressional office shall be placed on the official ballot as the 
candidate of such political party for such office, except in the 


166 


DIRECT PRIMARY LAW 


case of a candidate for Congressional party coinniitteeinan, in 
which case such person shall be elected to the office. In the case 
of all other offices, except the office of delegate to a national 
party convention, the candidates equal in number to twice the 
number to be elected to such office (or less, if the total number 
of candidates is- less than twice the number of offices to be filled) 
who receive the highest number of the votes cast on all the ballots 
of all the voters participating in the primary election for nomina¬ 
tion to such office, shall be the candidates for such office at the 
ensuing election, and their names as such candidates shall be 
placed on the official ballot voted at the ensuing election; pro¬ 
vided, however, that in case there is but one person to be elected 
at the November election to any office not a Congressional office, 
any candidate who receives at the Au*gust primary election a 
majority of the total number of votes cast for all the candidates 
for such office shall be the only candidate for such office whose 
name shall be printed on the ballot at the ensuing election; and 
provided further, that in case there are two or more persons to be 
elected at the November election to any office not a Congres¬ 
sional office, and in case any candidates for such office receive 
at the August primary election the votes of a majority of all the 
voters participating in the primary election in the State or 
political subdivision in which said office is voted upon (such can¬ 
didates being herein designated as “majority candidates”), said 
“majority candidates” shall, if their number is not less than the 
number of persons to be elected to such office, be the only 
candidates for such office whose names shall be printed on the 
ballot at the ensuing November election ; and if the number of 
such “majority candidates” falls short of the number of persons 
to be elected toi such office, the names of said “majority can¬ 
didates” shall be printed on the ballot at the ensuing November 
election, together with such number of additional names only of 
such other candidates receiving the next highest number of votes 
for nomination to such office as may equal twice the number to 
be elected to such office less twice the number of “majority candi¬ 
dates” (or a smaller number, if the list of said other candidates 
is exhausted) ; and provided also, that no! person whose name 
has been written in upon any ballot or ballots for any office at 
any primary election, shall have his name placed upon the ballot 
as a candidate for such office at the ensuing general election, un¬ 
less at such primary election he shall have received for such 
office written-in votes equal in number to the minimum number 
of signatures which would have been required to be filed to have 
placed his name on the primary ballot as a candidate for nomi¬ 
nation to such office, and unless he has paid the filing fee as re¬ 
quired in Subdivision 8 of Section 21 of this act. But this pro¬ 
vision shall not prevent a candidate not otherwise disqualified 
from becoming a candidate, under the provisions of Section 1188 
of the Political Code, for an office for which nominations may be 
made under said Section 1188 as provided! in Subdivision 2 of 
Section 6 of this act. It shall be the duty of the officers charged 


DIRECT PRIMARY LAW 


167 


with the canvass of the returns of an^ primary election held 
under the provisions of this act in any county or municipality to 
cause to be issued official certificates of nomination to such can¬ 
didates as have their nomination papers filed in accordance with 
the provisions of this act, and who shall be entitled to such cer¬ 
tificates of nomination according to the provisions of this sec¬ 
tion. It shall be the duty of the Secretary of State to issue 
official certificates of nomination to candidates nominated under 
the provisions of this act for Representatives in Congress, mem¬ 
bers of the State Senate; and Assembly, members of the State 
Board of Equalizjation and officers voted for in more than one 
county; and to issue certificates of election to Congressional 
I>arty committeemen and to all persons elected at the May 
Presidential primary election as delegates to their respective 
national party conventions. Not less than thirty days before the 
November election the Secretary of State shall certify to the 
County Clerks of each county within the State the name of every 
person entitled to receive votes within such county or city and 
county at said November election who has received the nomina¬ 
tion as a candidate for public office, under and pursuant to the 
provisions of this act, and whose nomination is evidenced by the 
compilation and statement required to be made by said Secretary 
of State and filed in his office, as provided in Section 41 of this act. 
Such certificates shall in addition to the names of such nominees 
respectively, also show separately and respectively for each 
nominee for a Congressional office or for the office of Elector of 
President and Vice-President of the United States the name of 
the political party which has nominated such person, and the 
designation of the office for which he is so nominated. 

Sec. 43. A Congressional party committee may be organized 
by each political party, for the purpose of promulgating party 
platforms as to national issues, and of transacting such other 
business of the party as is not inconsistent with the provisions 
of this act, as follows ; 

1. The candidates of each political party who have received 
their party nomination for Representatives in Congress from the 
several Congressional districts, and for United States Senator, 
if any, shall meet in separate party conferences at the State 
Capitol on the second Saturday in September ^fter the date on 
which any August primary election is held preliminary to the 
general November election. The members of each of these con¬ 
ferences shall proceed to name a Congressional party committee¬ 
man for their party for each Assembly district of the State which 
did not elect such Congressional party committeeman at the 
primary election. Said members of each of these confer¬ 
ences shall also appoint a date, which shall be no more than 
fifteen days thereafter, and a meeting place, on which date and at 
which meeting place members of the new Congressional party 
committee of their party shall meet in convention. Said members 
of each of these conferences shall be ex-officio meipbers of the 


168 


DIRECT PRIMARY LAW 


Congressional party committee of their party, and as such may 
participate with said committee in said convention. Said Con¬ 
gressional party committee shall continue to act for their party 
until a new Congressional party committee shall have been 
chosen; and, until the primary election to be held in August, 
1916, each party shall be represented by its State Central Com¬ 
mittee, as organized under the provisions of that direct primary 
law which was approved June 16, 1913. 

2. At their convention the members of the Congressional party 
committee may promulgate a party platform as to national party 
issues, and as such issues may affect the approaching Congres¬ 
sional or Presidential election. In each year of the general No¬ 
vember election at which Electors of President and Vice-Presi¬ 
dent of the United States are to be chosen, they shall also nomi¬ 
nate as the candidates of their party as many Electors of Presi¬ 
dent and Vice-President of the United States as the State is then 
entitled to, and it shall be the duty of the Secretary of State to 
issue certificates of nomination to the Electors so nominated, 
and to cause the names of such candidates for Elector to be 
placed upon the ballot at the ensuing November election. 

3. Each such Congressional party committee shall choose its 
officers by ballot and each committee and its officers shall have 
the power usually exercised by the such committees and the 
officers thereof in so far as may be consistent with this act. It 
may select an executive committee, to which executive commit¬ 
tee it may grant all or any portion of its powers and duties, in¬ 
cluding the naming, if desired, of auxiliary county committees. 

Sec. 44. In case, as a result of any primary election held under 
the provisions of this act, a person has received a nomination to 
any elective office without first having filed nominating papers 
and having his name printed on the primary election ballot, he 
may not less than thirty days before the day of election cause his 
name to be withdrawn from nomination by filing in the office 
where he would have filed his nominating papers had he been a 
candidate for nomination, his request therefor in writing, signed 
by him and duly acknowledged, and no name so withdrawn shall 
be printed on the election ballot for the ensuing final election. 
The vacancy created by the withdrawal of such person as afore¬ 
said shall not bo filled. In the case of all other vacancies occur¬ 
ring after the holding of any primary election that candidate 
receiving at said primary election the highest vote among all the 
candidates for said office who have failed to receive a sufficient 
number of votes to get upon said ballot shall go upon said ballot 
to fill said vacancy; provided, however, that if the vacancy occurs 
in a case where, by reason of having received a majority vote at 
the primary election, only one person is entitled to have his name 
printed upon the ballot at the ensuing November election, the 
names of the two candidates receiving the next highest vote at the 
primary election (if there were such number) shall be placed 
upon the ballot for the November election. 


DIRECT PRIMARY LAW 


169 


Sec. 45. In case of a tie vote, if for an office to be voted for 
wholly within one county the county, city and county or city 
board charged by law with the duty of canvassing the vote at 
the election, as the case may be, shall forthwith summon the 
candidates who have received such tie votes to appear before 
such board, and such board in the presence of such candidates 
shall determine the tie by lot. In the case of a tie vote for an 
office to be voted for in more than one county, such tie shall be 
determined by lot by the Secretary of State in the presence of 
the candidates or their legally appointed representatives. Such 
summons must in every case be mailed to the address of the 
candidate as it appears upon his affidavit of registration. 

Sec. 46. Whenever it shall be made to appear by affidavit 
to the Supreme Court or District Courts of Appeal or Superior 
Court of the proper county that an error or omission has oc¬ 
curred, or is about to occur, in the placing of any name on an 
official primary election ballot, that any error has been or is 
about to be committed in printing such ballot, or that any wrong¬ 
ful act has been or is about to be done by any judge or clerk of 
a primary election. County Clerk, Registrar of V^oters, Canvassing 
Board or any member thereof, or other person charged with any 
duty concerning the primary election, or that any neglect of duty 
has occurred or is about to occur, such court shall order the 
officer or person charged with such error, wrong or neglect to 
forthwith correct the error, desist from the wrongful act or per¬ 
form the duty, or forthwith show cause why he should not do so. 
Any person who shall fail to obey the order of such court shall 
be cited forthwith to show cause why he shall not be adjudged in 
contempt of court. 

Sec. 47. Any candidate at a primary election held under the 
provisions of this act, desiring to contest a nomination of another 
candidate for the same office, may, within four days after the com¬ 
pletion of the official canvass, file ^n affidavit in the office of the 
.Clerk of the Superior Court of the county in which he desires to 
contest the vote returned from any precinct or precincts in such 
county, and thereupon have ^ recount of the ballots cast in any 
such precinct or precincts, in accordance with the provisions of 
this section. Such affidavit must specify separately each precinct 
in which a recount is demanded, and the nature of the mistake, 
error, misconduct, or other cause why it is claimed that the re¬ 
turns from such precinct do not correctly state the vote as cast 
in such precinct, for the contestant and the contestee. The con- 
testee must be made a party respondent, and so named in the 
affidavit. No personal service or other service than as herein 
provided need be made upon the contestee. Upon the filing of 
such affidavit the County Clerk shall forthwith post in a con¬ 
spicuous place in his office, upon a bulletin board to be prepared 
for that purpose, and to have upon it in conspicuous letters the 
words, “Notice of primary election contests” a copy of the 
affidavit. Upon the filing of such affidavit and the posting of the 


170 


DIRECT PRIMARY LAW 


same, the Superior Court of the county shall have jurisdiction of 
the subject matter and of the parties to such contest, and all can¬ 
didates at any such primary election are permitted to be candi¬ 
dates under this act, only upon the condition that such jurisdic¬ 
tion for the purposes of the proceeding authorized by this section 
shall exist in the manner and under the conditions provided for by 
this section. The contestant on the date of filing such affidavit, 
must send by registered mail a copy thereof to the contestee in a 
sealed envelope, with postage prepaid, addressed to the contestee 
at the place of residence named in the affidavit of registration of 
such contestee, and shall make an affidavit of such mailing and 
file the same with the County Clerk to become' a part of the 
records of the contest. At any time within three days after the 
filing of the affidavit of the contestant to the effect that he has 
sent by registered mail a copy of the affidavit to the contestee, 
such contestee may file with the County Clerk an affidavit in his 
own behalf, setting up his desire to have the votes counted in any 
precincts, designating them, in addition to the precincts desig¬ 
nated in the affidavit of the contestant, and setting up his grounds 
therefor. On the trial of the contest all of the precincts named 
in the affidavits of the contestant and the contestee shall be 
considered, and a recount had with reference to all of said 
precincts; and the contestant shall have the same right to answer 
the affidavit of the contestee as is given to the contestee herein 
with reference to the affidavit of the contestant except that such 
answer must be filed not later than the first day of the trial of 
said contest. On the eighth day after the completion of the 
official canvass the County Clerk shall present the affidavits of 
the contestant and the contestee and proof of posting, as afore¬ 
said, to the Judge of the vSuperior Court of the county, or any 
Judge acting in his place, or the presiding Judge of the Superior 
Court of a county or city and county, or any one acting in his 
stead, which Judge shall, upon such presentation, forthwith 
designate the time and place‘where such contest shall proceed, 
and in counties or cities and counties where there are more than 
one Supei;ior Judge, assign all the cases to one department by the" 
order of such court. Such order must so assign such case or' 
cases, and fix such time and place for hearing, which time must 
not be less than one nor more than three days from the presenta¬ 
tion of the matter to the court by the County Clerk as herdn 
provided. It shall be the duty of the contestee to appear either 
in person or by attorney, at the time and place so fixed, and to 
take notice of the order fixing such time and place from the 
records of the court, without service. No special appearance of 
the contestee for any purpose except as herein provided shall be 
permitted, and any appearance whatever of the contestee or any 
request of the court by the contestee, or his attorney, shall be 
entered as a general appearance in the contest. No demurrer or 
objection can be taken by the parties in any other manner than 
by answer, and all the objections must be contained in the 
answer. The court if the contestee shall appear, must require 


DIRECT PRIMARY LAW 


171 


the answer to be made within three days from the time and 
place as above provided, and if the contestee shall not appear 
shall note his default, and shall proceed to hear and determine the 
contest with all convenient speed. If the number of votes which 
are sought to be recounted, or the number of contests are such 
that the Judge shall be of opinion that it will require additional 
Judges to enable the contest or contests to be determined in time 
to print the ballots for the election, if there be only one Judge 
for such county, he may obtain the service of any other Superior 
Judge, and the proceedings shall be the same as herein provided 
in counties where there is more than one Superior Court Judge. 
If the proceeding is in a county or city and county where there is 
more than one Superior Court Judge, the Judge to whom the 
case or cases shall be assigned, shall notify the presiding Judge 
forthwith, of the number of Judges which he deems necessary to 
participate, in order to finish the contest or contests in time to 
print the ballots for the final election, and the said presiding 
Judge shall forthwith designate as many Judges as are necessary 
to such completion of such contest, by order in writing, and 
thereupon all of the Judges so designated shall participate in the 
recount of such ballots and the giving of judgment in such con¬ 
test or contests in the manner herein specified. The said Judges 
so designated by said last mentioned order, including the Judge 
to whom said contests were originally assigned, shall convene 
upon notice from the Judge to whom such contest or contests 
were originally assigned, and agree upon the precincts which 
each one of such Judges will recount, sitting separately, and 
thereupon such recount shall ]*)roceed before each such Judge sit¬ 
ting separately, as to the precincts so arranged, in such manner 
that the recount shall be made in such precincts before each such 
Judge as to all the contests pending, so that the ballots opened 
before one Judge ne^d not be opened before another Judge or 
department, and the proceedings before such Judge in making 
such recount as to the appointment of the clerk and persons neces¬ 
sary to be assistants of the Court in making the same, shall be 
the same as in contested elections, and the Judge shall fix the pay 
or compensation for such persons, and require the payment each 
day in advance of the amount thereof, by the person who is pro¬ 
ceeding with and requiring the recount of the precinct being re¬ 
counted. When the recount shall have been completed in the 
manner herein required, if more than one Judge has taken part 
therein, all the Judges who took part shall assemble and make 
the decision of court, and if there be any differences of opinion, 
a majority of such Judges shall finally determine all such ques¬ 
tions, and give the decision or judgment of the Court in such 
contest or contests, separately. Such decision or judgment of the 
court shall be final in every respect, and no appeal can be had 
therefrom. The judgment shall be served upon the County Clerk 
or Registrar of Voters by delivery of a certified copy thereof, and 
may be enforced summarily in the manner provided in Section 
47 of this act, and if the contest proceeds in more than one county, 


172 


DIRECT PRIMARY LAW 


and the nominee is to be certified by the Secretary of State from 
the compilation of election returns in his office, then the judgment 
in each county in which a contest may be had shall show what, 
if any changes in the returns in the office of the Secretary of 
State relating to such county or city and county, ought to be 
made, and all such judgments shall be served upon the Secretary 
of State, by the delivery of a certified copy, and he shall make 
such changes in the record in his office as such judgment or judg¬ 
ments require, and conform his compilation and his certificate of 
nomination in accordance therewith. If the office contested is one 
to be voted upon in more than one county, the time within which 
such contest may be brought in any county involved shall begin 
to run at the time of the declaration of the official canvass by the 
Board of Supervisors of the county last making such declara¬ 
tion. 

Sec. 48. No candidate for nomination to any elective office 
shall directly or indirectly pay, expend or contribute any money 
or other valuable thing, or promise so to do, except for lawful 
expenses. Lawful expenses as used in this section are limited 
to expenses for the following purposes only: 

1. For the candidate’s official filing fee. 

2. For the preparing, printing, and circulating of nomination 
papers. 

3. For the candidate’s personal traveling expenses. 

4. For rent and necessary furnishing of halls or rooms, during 
such candidacy, for public meetings or for committee head¬ 
quarters. 

5. For payment of speakers and musicians at public meetings 
and their necessary traveling expenses. 

6. For printing and distribution of pamphlets, circulars, news¬ 
papers, cards, handbills, posters, and announcements relative to 
candidates or political issues or principles. 

7. For his share of the reasonable compensation of challengers 
at the polls. 

8. For making canvasses of voters. 

9. For clerk hire. 

10. For conveying infirm or disabled voters to and from, the 
polls. 

11. For postage, expressage, telegraphing, and telephoning 
relative to candidacy. 

Sec. 49. Every person who shall be a candidate for nomina¬ 
tion to any elective office, shall make in duplicate, within fifteen 
days after the primary election, a verified statement, setting forth 
each and every sum of money contributed, disbursed, expended 
or promised by him, and, to the best of his knowledge and belief, 
by any and every other person or association of persons in his 
behalf wholly or partly in endeavoring to secure his nomination. 


DIRECT PRIMARY LAW 


173 


This statement must show in detail all moneys paid, loaned, con¬ 
tributed, or otherwise furnished to him directly or indirectly in 
aid of his nomination, together with the name of the person or 
persons from whom such moneys were received; and must also 
show in detail, under each of the subdivisions of Section 48 of this 
act all moneys contributed, loaned, or expended by him directly 
or indirectly by himself or through any other person, in aid of 
his nomination, together with the name of the person or persons 
to whom such moneys were paid, or disbursed. Such statement 
must set forth that the affiant has used all reasonable diligence in 
its preparation, and that the same is true and is as full and ex¬ 
plicit as he is able to make it. Within the time aforesaid the 
candidate shall file one copy of said statement with the officer 
with whom his nomination papers were filed, and the other with 
the Recorder of the county or city and county in which he re¬ 
sides, who shall record the same in a book to be kept for that 
purpose, and to be open to public inspection. No officer shall 
issue any certificate of nomination to any person until such state¬ 
ment as herein provided has been filed and no other statement 
of expenses shall be required except that provided herein, and no 
fee or charge whatsoever shall be made or collected by any officer 
for the verifying, filing, or recording of such statements or a copy 
thereof. 

Sec. 50. Any person violating any of the provisions of Section 
48 or Section 49 of this act shall be guilty of a misdemeanor, and 
upon trial and conviction thereof, in addition to the sentence im¬ 
posed by the court, he shall forfeit all right to the office for which 
he was a candidate at the time of violating the provisions afore¬ 
said. 

Sec. 51. 1. Any person who shall offer, or with knowledge of 

the same permit any person to offer for his benefit, any bribe to 
a voter to induce such voter to sign any nomination paper, and 
any person who shall accept such bribe or any promise of gain 
of any kind in the nature of a bribe as consideration for signing 
any nomination paper, whether such bribe or promise of gain in 
the nature of a bribe be offered or accepted before or after sign¬ 
ing, shall be guilty of a misdemeanor and upon trial and con¬ 
viction 4:hereof shall be punished by a fine of not less than twenty- 
five dollars nor more than three hundred dollars, or by imprison¬ 
ment in the County Jail for not less than ten days nor more 
than one hundred and twenty days, or by both such fine and 
imprisonment. 

2. Any person who, being in possession of any nomination paper 
or papers and affidavits entitled to be filed under the provisions 
of this act, shall wrongfully either suppress, neglect or fail to 
cause the same to be filed at the proper time and in the proper 
place shall be guilty of a misdemeanor, and upon trial and con¬ 
viction thereof shall be punished by a fine of not less than, one 


174 


DIRECT PRIMARY LAW 


hundred dollars nor more than five hundred dollars, or by im¬ 
prisonment in the County Jail for not less than thirty days nor 
more than six months, or by both such fine and imprisonment. 

3. Any act or omission declared to be an offense by the general 
laws of this State concerning primaries and elections shall also 
in like case be an offense concerning primary elections as provided 
for by this act, and shall be punished in the same manner and 
form as therein provided, and all the penalties ^nd provisions of 
the law governing elections, except as herein otherwise provided, 
shall apply with equal force to primary elections as provided for 
by this act. 

Sec. 52. It shall be the duty of the Secretary of State and the 
Attorney-General to prepare on or before January 1, 1916, all 
forms necessary to carry out the provisions of this act, which 
forms shall be substantially followed in all primary elections held 
in pursuance hereof. 

Sec. 53. This statute shall be liberally construed, so that 
the real will of the people shall not be defeated by any informality 
in respect to carrying out all the provisions of this law. 

Sec. 54. If any section, subdivision,, sentence, clause, or phrase 
of this act is for any reason held to be unconstitutional, such de¬ 
cision shall not affect the validity of the remaining portions of 
this act. The Legislature hereby declares that it would have 
passed this act, and each section, subdivision, sentence, clause, 
and phrase thereof, irrespective of the fact that any one or more 
other sections, subdivisions, sentences, clauses, or phrases be 
declared unconstitutional. 

Sec. 55. The act approved June 16, 1913, known as the direct 
primary law, is hereby repealed, and all other acts or parts of 
acts, inconsistent with or in conflict with the provisions of this 
act, are also hereby repealed. 


PRESIDENTIAL PRIMARY ACT 

An Act to provide for the indication by the registered qualified 
electors of their choice for nomination by their respective 
political parties for President of the United States through 
the election of the delegates of said political parties to their 
respective national conventions, and to repeal an act ap¬ 
proved December 24, 1911, known as the Presidential primary 
act, and also to repeal all other acts or parts inconsistent with 
or in conflict with the provisions of this act. (Approved 
April 28, 1915.) 

Section 1. On the first Tuesday in May of each year of the 
general November election at which Electors of President and purposes of 
Vice-President of the United States are to be chosen, there shall 
be held a primary nominating election, to be known as the 
May Presidential primary election, at which the registered quali¬ 
fied electors shall have opportunity, on separate party ballots pro¬ 
vided for that purpose, to elect the delegates of their respective 
political parties to their respective national conventions for the 
nomination of their party candidates for President and Vice- 
President of the United States, thereby indicating the preference 
of said electors for their Presidential nominee. 

Sec. 2. The chairman of the State central committee, or, after 
the year 1916, the chairman of the Congressional party commit¬ 
tee, of each of the political parties qualified to participate in the 
election provided for in this act shall notify the Secretary of State 
on or before the first day of March of each year of the general 
November election at'which Electors of President and Vice- 
President of the United States are to be chosen, as to the number 
of delegates to represent the State in the next national con¬ 
vention of his said party. If said chairmen, or any of them,, 
fail to file such notice, it shall be the duty of the Secretary of 
State to ascertain the said number of delegates from the call for 
said national convention issued by the national committee of each 
party whose chairman has failed to notify him as aforesaid. The 
delegates who shall represent each political party at its national 
convention shall all be elected by the voters of the State at large. 

The Secretary of State shall, on or before the tenth day of March 
of the year of the May Presidential primary election, certify to 
the County Clerk or Registrar of Voters of each county, or city 
and county, the number of delegates to be so elected by each of 
the political parties qualified to participate in the said election. 

Any political party shall be qualified to participate in the May 
Presidential primary election which is qualified to participate in 
the August primary election according to the provisions of the 
“direct primary law.” 

Sec. 3. The names of persons to be voted upon as delegates 
to the respective national conventions of the several political par¬ 
ties shall be printed upon the ballots of their respective parties 


176 


PRESIDENTIAL PRIMARY ACT 


Upon the filing of nomination papers substantially as provided in 
Sections 11 to 21, inclusive, of the “direct primary law” as said 
direct primary law was enacted at the forty-first session of the 
Legislature; provided, that, in the case of each party, nomination 
papers for candidates for delegates must be signed by the same 
number of electors as is required on the nomination paper of a 
candidate for United States Senator; and provided, also, that 
whenever a candidate for delegate files a statement with the 
Secretary of State, as hereinafter provided in this section, wherein 
as a delegate he enrolls himself with other delegates in express¬ 
ing his preference for the same person as candidate for Presiden¬ 
tial nominee, there may be nominated by the same nomination 
paper the names of all such candidates for delegates who are in¬ 
cluded in such statements as have individually filed similar state¬ 
ments with the Secretary of State. The form of nomination paper 
as set forth in Section 13 of said direct primary law shall be 
changed for this purpose by substituting, in the appropriate place, 
for the name of a single candidate, as follows: “hereby nominate 
the following: 

Number 

Residence, Congressional 

Names. City or Town. County. District. 

1 . 

2 . 

3... 

(to 26 names, or such other number as may be required) 

as candidates for delegate to the.national party 

convention, to be voted for at the primary election to be held on 
the.day of May, 19.” 

And by making such other changes in said form as may be 
necessary. The verification deputies to obtain signatures on the 
nomination paper for such group of candidates for delegates may 
be appointed, either according to the provisions of Subdivision 1 
of Section 12 of said direct primary law, by said candidates for 
delegates joining together in the appointment of said deputies;- 
or, according to the provisions of Subdivision 2 of said Section 
12 by the “five registered qualified electors” appointing said 
deputies to obtain' signatures for the nomination of all of said 
candidates whose names are grouped together on the same nomi¬ 
nation papers; provided, however, that the number of such can¬ 
didates for delegates shall not be greater than the total number 
of delegates to be elected by said party; and provided, further, 
that the names of such candidates thus grouped together shall be 
so selected that the smallest number of such candidates who shall 
reside in any one Congressional district shall be no less than the 
integer of the quotient obtained by dividing the number of the 
names of such candidates appearing upon the same nomination 
paper by the total number of Congressional districts of the State, 
and that the largest number of such candidates who shall reside 

















PRESIDENTIAL PRIMARY ACT 


177 


in any one Congressional district shall be no greater than twice 
said integer; and if not so selected said names shall not be 
grouped together on the ballot, but shall appear as individuals. 

Candidates for delegate grouped together on the same 
nomination paper and selected as aforesaid shall be simi¬ 
larly grouped, in the same order of names, upon the 
ballots of their party; provided, that such group of can¬ 
didates for delegate has the endorsement of that candidate for 
Presidential nominee for whom the members of said group have 
filed a preference, or the endorsement of such a State political 
organization created in support of the candidacy of said Presi¬ 
dential nominee as shall not be repudiated by him as lacking 
authority to make such endorsement; said endorsement, either of 
the candidate or of the organization supporting him, to be filed 
with the Secretary of State. No candidates for delegate not thus 
endorsed shall have their names printed upon the ballot in a 
group, but such candidates must appear as individuals; and fur¬ 
ther provided, that the name of no candidate shall appear more 
than once on the ballot, and that any candidate whose nomination 
paper is filed in more than one group, or in the same group 
differently arranged, shall have his name printed on the ballot 
as a part of that group which has had first filed the endorsement 
as herein recited; provided, that one of the groups in which his 
name occurs has received such endorsement. Each candidate for 
election as delegate to his national party convention must file 
with the Secretary of State not later than the time of filing the 
nomination papers containing his name, an affidavit substantially 
as provided in Section 11 of the “direct primary law,'’ and may 
also include with his affidavit the following statement: 

Delegate’s Statement. 

“I personally prefer.as nominee of my 

political party for President of the United States, and hereby 
declare to the voters of my party in the State of California that 
if elected as delegate to their national party convention, I shall, 

to the best of my judgment and ability, support said. 

as nominee of my party for President of the United States’’ (fill¬ 
ing in the blanks by inserting his choice for such nominee). But 
the neglect or failure of any candidate to include any statement 
of preference for Presidential nominee shall not be a valid 
ground on the part of the Secretary of State for refusal to re¬ 
ceive and file the nomination paper containing his name. 

However, each candidate for delegate whose name is filed upon 
a nomination paper together with the names of other candidates, 
as hereinbefore in this section provided, in order to have his 
name printed upon the ballot in a group with such other names, 
must file such statement of preference, and shall add to it the 
following: 

“And I hereby enroll myself in the expression of preference 




178 


PRESIDENTIAL PRIMARY ACT 


for said.for Presidential nominee, as one of 

the following named candidates for delegate: 


Etc. 

(the blanks immediately following the word ‘‘delegate” being 
filled in by the printed or typewritten names of all the candidates 
for delegate, including the signer, whose names appear upon the 
same nomination paper in accordance with the provisions of this 
section). 

(Signed) .” 

Sec. 4. The names of the candidates for delegate of any politi¬ 
cal party shall be arranged upon the ballot of such party in par¬ 
allel columns, the various candidates for delegate appearing in 
these columns under their preference for President according to 
the provisions of Section 3 of this act. That group of candidates 
which shall first file its nomination paper with the Secretary of 
State shall be entitled to the first or left-hand column; the group 
which next files its nomination paper shall be entitled to the sec¬ 
ond column; and similarly for all other groups. The left-hand 
column shall be headed in heavy face, ten-point gothic type, 
the following: 

“Candidates preferring.” 

(The blank being filled in by the name of that candidate for 
Presidential nominee for whom the members of the group in said 
left-hand column have expressed a preference.) The second col¬ 
umn shall be similarly headed except that the name of the can¬ 
didate shall be that preferred by the members of the group in 
said second column; and so on for as many columns as may 
have groups who have expressed a preference for Presidential 
nominee. 

To the right of the last column headed by the name of a 
candidate for Presidential nominee shall be a column headed by 
the words “No preference,” in heavy face, ten-point, gothic type,' 
in which column shall appear the names of all candidates for 
delegate who have expressed no preference for Presidential nomi¬ 
nee, or who have expressed a preference for a Presidential nomi¬ 
nee who has not endorsed said- candidates, either personally, or 
through the State political organization created in support of his 
candidacy, as such endorsement is provided for in Section 3 of 
this act. To the right of the last column shall be a column headed 
by the words “Blank column” in heavy face, ten-point, gothic 
type, which column shall contain as many blank spaces as there 
are delegates to be elected by the political party concerned. In 
case that there are no names of candidates for delegate to be 
placed in a “No preference column,” such “No preference col¬ 
umn” shall be omitted from the ballot, and the “Blank column” 
as herein provided for shall be placed to the right of and con- 























PRESIDENTIAL PRIMARY ACT 


179 


tiguous to the last column headed by the surname of a candidate 
for Presidential nominee. 

The names of the various candidates for delegates shall be 
printed in eight-point, roman capital type, under their respective 
preferences for Presidential nominee or in the no preference col¬ 
umn, as heretofore provided in this act. The names of each group 
on the ballot shall be numbered in heavy face, eight-point type. 
The order of names for each column upon the ballot shall be the 
same as the order in which such names were filed with the 
Secretary of State; provided, that above the individual names in 
each column, if any, shall appear the group of names, if any, 
which has received the endorsement referred to in Section 3 
of this act. 

A blank column one-half inch wide shall be left upon the 
ballot opposite each group of names and to the right of the 
column of voting squares for the individual names and separated 
from it by a light dotted line, which blank column shall contain 
a square in which may be stamped a cross (X) which shall 
be counted as a vote for each and every name in the group 
opposite. Lengthwise along this blank column shall be printed 
“A cross (X) stamped in this square shall be counted for each 
name of the group to the left.” The line separating any name 
from any other name not in a group or from any group of names 
shall be heavier than any line separating the individual names in 
such group, and shall extend across the blank column provided 
for in this paragraph. Below the top line of this extension shall 
be printed in small heavy face type the words “top of group,” 
and above the bottom line of the extension, the words “end of 
group.” 

Sec. 5. The delegates to each national party convention elected 
at the May Presidential primary election, shall, before leaving the 
State to attend the convention, meet together and select alter¬ 
nates to the convention. The number of alternates to be selected 
shall be no greater than one for each delegate, and each alternate 
must be selected from the Congressional district of the delegate 
for whom he is an alternate; and the method of selection shall 
be as determined upon by the majority of the whole number of 
delegates who have been elected to the convention. The duties 
of an alternate shall be those usually appertaining to that posi¬ 
tion, and as prescribed by each party in the call for its national 
convention. The alternate of any such delegate as may be un¬ 
able to attend the convention, shall attend the convention in his 
place, and shall otherwise discharge the duties of said delegate, 
but shall not vote in place of said delegate when said delegate is 
occupying his seat at the convention. 

Sec. 6. For purposes of the May Presidential primary election 
only the new registration, beginning on January 1st of the year 
in which such May Presidential primary election is held, shall be 
used. Any person registered in accordance with the provisions 
of this section and of Section 1096 of the Political Code and who, 


180 


PRESIDENTIAL PRIMARY ACT 


on asking for his party ballot at the polls, writes, or has written, 
and declares his political affiliation in accordance with Section 36 
of the direct primary law, shall be qualified to vote at such 
election, and shall receive the ticket of that political party only 
with which he thus declares himself affiliated. Any person quali¬ 
fied by the provisions of this section to vote at any May Presi¬ 
dential primary election shall also be qualified to sign the nomi¬ 
nation papers of any person to be voted upon at such primary 
election. 

Sec. 7. The ballot to be used at the May Presidential primary 
election shall be prepared according to the provisions of Sections 
3 and 4 of this act, and also according to such provisions of the 
“direct primary law” as are applicable to this act and not in con¬ 
flict with its provisions; provided, that the words at the top of the 
ballot shall be “Official Presidential primary election ballot,” 
and that the instructions to voters shall be as follows; “To 
vote for a person whose name appears on the ballot, stamp a cross 
(X) in the square at the right of the name of the person for 
whom you desire to vote; or if you wish to vote for all of a group 
of persons, stamp a cross (X) in the square opposite such group 
which cross shall be counted for each name of the group. A group 
consists of candidates for delegates nominated on the same nomi¬ 
nation paper. To vote for a person whose name is not printed on 
the ballot, write his name in the blank space provided for that 
purpose; and it is optional, but not necessary, to stamp a cross 
after such name.” 

There shall be printed in heavy face, twelve-point, gothic type, 
across the page above the columns of candidates for delegates, the 

words, “For delegates to national convention vote for., 

either as individuals or by group, but do not vote for more than 

.” (the blanks being filled in by the number of 

delegates to be elected by the political party concerned). 

The ballot shall be printed substantially in the following form: 




PRESIDENTIAL PRIMARY ACT 


181 


N 


1 


OffICIAL PRESIDENTIAL PRIMARY ELECTION BALLOT 

REPUBLICAN PARTY 

Third Assembly District, May 14, 1912 


T* vata far a panoa *>boM mm appaara ao Um ballot, atamp a eraaa (x) ta tba tqaara at tba UOBT of th# aa m a at tha paraoa for whon job daaira to voto, or if foa «nab to rota for all of a froup of poraona, itaBp a eroaa (x) 
la iba a^aara oppoaiu nch abalt bo eounUd for aach aaat of Ibo (roup A froyp waauU of autdidaUa for datacaU aomiutod oa tba aaaa aomiaatioa pi par To aou for a paraoa «boaa aaoxa ta »ot pnetod oo 

tba ballot, amta bia aasa la tba biaak ipaoa prondad for that purpoaa. aod it u optional, bnt not atoaaaarp, to itamp a eroaa aftar sneb nama 






















































































































































































182 


PRESIDENTIAL PRIMARY ACT 


Sec. 8. The County Clerk of each county, or Registrar of 
Voters in any city or county, shall distribute to each precinct, 
as near as may be, twice as many official ballots for each party 
as were cast in the precinct for the candidate of that party for 
United States Senator at the last election in this State at which 
a United States Senator was elected; and if the number of 
ballots so furnished proves insufficient, additional ballots must 
be furnished by the County Clerk on demand by the Board of 
Election officials of the precinct. One sample ballot of each 
party shall be mailed to every elector entitled to vote at the 
May Presidential primary election, not more than ten days nor 
less than five days before the election. This sample ballot for 
each party shall be one-half the dimensions, as near as may be, 
of the official ballot for such party, and shall otherwise be of the 
same form, and contain the same names and heading, as the of¬ 
ficial ballot; and above the first line of said heading shall appear 
the words ‘‘Sample ballot (reduced to one-quarter size) of the.” 

Sec. 9. The provisions of the direct primary law as enacted 
by the Legislature of the State of California at its forty-first 
regular session shall govern the May Presidential primary elec¬ 
tion in so far as said provisions are applicable to said election and 
are not inconsistent with or in conflict with the provisions of 
this act. 

Sec. 10. It shall be the duty of the Secretary of State and 
the Attorney-General to prepare, on or before the first day of 
January, 1916, all forms necessary to carry out the provisions 
of this act, which forms shall be substantially followed in all 
Presidential primary elections held in pursuance hereof. 

Sec. 11. This act shall be known as the Presidential primary 
act. 

Sec. 12. The act approved December 24, 1911, known as the 
Presidential Primary Act, is hereby repealed, and all other acts 
and parts of acts inconsistent with or in conflict with the pro¬ 
visions of this act are also hereby repealed. 


CONSOLIDATION OF PRECINCTS 


183 


CONSOLIDATION OF PRECINCTS. 

An Act to permit the consolidation of elections and to provide 
a procedure therefor. 

(Approved June 11, 1913.) 

Section 1. Consolidation of elections on same day. Whenever 
two or more elections are called to be held on the same day, 
in the same territory, or in territory that is in part the same, 
such elections may be consolidated in the manner provided by 
this act. 

Sec. 2. Two or more elections. Any such two or more elec¬ 
tions, whether held under a freeholders’ charter or under any 
state law, or both, may be so consolidated and different elec¬ 
tions called by the same governing body may be so consoli¬ 
dated. 

Sec. 3. Authority to consolidate. Such elections may be con¬ 
solidated as to territory which is the same by order of the 
governing body or bodies calling the elections; and where one 
of the elections to be consolidated is a state election, the board 
of supervisors of the county wherein said consolidation may 
be had shall have authority to order such consolidation, as 
respects such state election. 

Sec. 4. Voting places, offices, returns, etc., of consolidated 
elections. Within the territory affected by such order of con¬ 
solidation, the election precincts, polling places and voting 
booths shall, in every case, be the sartle and there shall be only 
one set of election officers in each of such precincts. When the 
returns of elections consolidated under this act are required 
to be canvassed by different canvassing bodies, such elections 
shall be conducted separately in the same manner as if they had 
not been consolidated, except as in this section provided; and 
provided, further, that in case of the consolidation of an election 
called by the legislative body of a city with an election called 
by the Board of Supervisors of the county in which such city is 
situated, the governing body of such city, in the ordinance or 
notice calling such election, may authorize such Board of Su¬ 
pervisors to canvass the returns of such election, and such elec¬ 
tion shall be held in all respects as if there were only one elec¬ 
tion, and only one ticket or ballot shall be used thereat; and the 
returns of such election need not be canvassed by the legisla¬ 
tive body of such city. When the returns of any two or more 
elections consolidated under this act are required to be can¬ 
vassed by the same body, such elections shall be held in all re¬ 
spects as if there were only one election, and only one ticket or 
ballot shall be used thereat. (Amended June 4, 1915.) 

Sec. 5. Appointment of officers, etc. When elections are con¬ 
solidated under the provisions of this act, the governing body 
or bodies ordering such consolidation may, in the territory 
affected thereby, provide for the appointment of officers of 


When more 
than one 
election is 
held on the 
same day in 
same 
territory. 


Method of 

consolidating 

elections. 


Election 

precincts. 


One set of 

election 

officers. 


184 


CONSOLIDATION OF PRECINCTS 


Act not to 
conflict with 
an act to 
provide for 
regulation of 
traffic in 
alcoholic 
liquors. 


election, for the formation of precincts for such elections and 
the expenses of said election. 

Sec. 6. Act of 1911 not repealed. Nothing in this act shall be 
so construed as to repeal an act of the legislature of the State 
of California, entitled, '‘An act to provide for the regulation of 
traffic in alcoholic liquors by establishing local option; author¬ 
izing the filing of petitions praying for elections to vote upon 
the question whether the sale of alcoholic liquors shall be 
licensed within the territory described in such petition; pro¬ 
viding for the calling and holding of such elections; making it 
the duty of the proper governing body to declare such territory 
to be no-license territory unless a majority of votes is cast in 
favor of license; providing that no licenses, permits or other 
authority to sell or distribute alcoholic liquors in no-license 
territory shall be granted; forfeiting and declaring void all such 
licenses or permits theretofore issued and in force; making it 
a penal ofifense to sell, give away or distribute alcoholic liquors 
within such territory, with certain exceptions; and providing 
penalties for such ofifenses.’’ 


PUBLIC UTILITY ACT 


185 


PUBLIC UTILITY ACT 

An Act to provide for submitting to the qualified electors of every 
city and county, or incorporated city or town, in this State, 
the question whether such city and county, or incorporated 
city or town, shall retain powers of control vested therein re¬ 
specting all or any public utilities, and to provide for elec¬ 
tions thereafter to surrender such powers of control in case 
the qualified electors of any such city and county, or incor¬ 
porated city or town, shall have voted to retain such powers 
of control. (Approved June 7, 1915.) 

Section 1. Any city and county, or incorporated city or town, 
may retain or surrender to the Railroad Commission of the 
State of C'alifornia the powers of control vested therein to super¬ 
vise and regulate the relationship between any one or more 
classes of public utilities, and their present or prospective cus¬ 
tomers, consumers or patrons, and, if it has retained such powers 
over any class or classes of public utilities, may thereafter surren¬ 
der such powers to the Railroad Commission of the State of Cali¬ 
fornia, hereinafter called the Railroad Commission, all as in 
this act provided, but this act shall not be construed to authorize 
any city and county, or incorporated city or town, to surrender 
to the Railroad Commission, its powers of control to supervise 
and regulate the relationship between a public utility and the 
general public in matters affecting the health, convenience and 
safety of the general public, including matters such as the use 
and repair of public streets by any public utility, the location 
of the poles, wires, mains or conduits of any public utility, on, 
under or above any public streets, and the speed of common car¬ 
riers operating within the limits of the municipality. 

Sec. 2. (a) The term ‘'municipal corporation,” as used in this 

act, shall be construed to mean a city and county, or incor¬ 
porated city or town. The term “legislative body,” as used in 
this act, shall be construed to mean the Board of Supervisors, 
Municipal Council, Commission or other legislative or govern¬ 
ing body of a municipal corporation. 

(b) The term “powers of control,” as used in this act, and as 
used on any ballot prepared and used under the provisions of 
this act, with reference to public utilities, or to any class or 
classes of public utilities in any municipality or municipalities, 
means all powers of control vested in such municipality or mu¬ 
nicipalities to supervise and regulate the relationship between 
such public utilities, or such class or classes of public utilities, and 
their present or prospective customers, consumers or patrons, but 
said term shall not be construed to include the powers of control 
vested in any municipality or municipalities to supervise and 
regulate the relationship between such public utilities,, or such 
class or classes of public utilities, and the general public in 
matters affecting the health, convenience and safety of the gen¬ 
eral public, including matters such as the use and repair of 


186 


PUBLIC UTILITY ACT 


Ordinance of 
intention, 
election for. 


Petition for 
submission 
of question 
to retain 
control. 


Time of 

filing 

petition. 


public streets by any public utility, the location of the poles, 
wires, mains or conduits of any public utility, on, under or above 
any public streets, and the speed of common carriers operating 
within the limits of the municipality. 

Sec. 3. Terms defined by public utilities act. The terms 
‘Tailroad corporation,” “street railroad corporation,” “common 
carriers,” “gas corporation,” “electrical corporation,” “water 
corporation,” “telephone corporation,” “telegraph corpora¬ 
tion,” “wharfinger,” “warehouseman” and “public utility,” 
as used in this act, shall severally have the same meaning 
as is given to them, respectively, in section 2 of the act known 
as the “Public Utilities Act.” 

Sec. 4. Submission to electors of question to retain control. 
The question whether any municipal corporation sball retain 
its powers of control respecting one or more classes of public 
utilities may be submitted to the qualified electors of such 
municipal corporation, as provided in this act, either at a 
general municipal election or at a special election held therein. 
Such question may be so submitted, either in pursuance of an 
ordinance of intention adopted by a vote of three-fifths of all 
the members of the legislative body of such municipal corpo¬ 
ration, .declaring that the public interest requires the sub¬ 
mission of, and that it is the intention of such legislative 
body to submit, such Question to a vote of the qualified 
electors of such municipal corporation, or in pursuance of a 
petition of qualified electors of such municipal corporation, 
as hereinafter provided. Such ordinance of intention or such 
petition, as the case may be, shall contain the propositions 
proposed to be so submitted, as set forth in section 6 of this 
act. Such petition shall be signed by qualified electors of such 
municipal corporation, equal in number to ten per centum of 
such qualified electors, computed upon the total number of 
votes cast in such municipal corporation for all candidates for 
governor at the last preceding general election prior to the 
filing of such petition at which a governor was elected. Such 
petition may consist of separate papers; provided, that if any 
paper consists of more than one sheet, it shall be securely 
fastened together at the top. The signatures need not all be 
appended to one sheet of paper. Each such paper shall have 
attached thereto, at the bottom of the last sheet thereof, the 
affidavit of a qualified elector of such municipal corporation, 
stating that all of the signatures on each sheet thereof were 
made in his presence, and that to the best of his knowledge 
and belief each signature is the genuine signature of the person 
whose name purports to be thereto subscribed. Such petition 
shall be filed with the clerk of the legislative body of such 
municipal corporation. Within ten days from the date of 
the filing of such petition, said clerk shall examine the petition 
and ascertain from the record of the registration of the electors 
of the city and county, or of the county in which such municipal 


PUBLIC UTILITY ACT 


187 


corporation is situated, whether the petition is signed by the 
requisite number of the qualified electors of such municipal 
corporation ; and if requested by said clerk, the said legislative 
body of said municipal corporation shall authorize him to em¬ 
ploy persons specially to assist him in the work of examining 
such petition and shall provide for their compensation. Upon 
the completion of such examination, said clerk shall forthwith 
attach to said petition his certificate, properly dated, showing 
the result of such examination. If from such examination said 
clerk shall find that said petition is signed by the requisite 
number of qualified electors, he shall certify that the same 
is sufficient; but if, from such examination, he shall find 
that said petition is not signed by such requisite number 
of qualified electors, he shall certify to the number of quali¬ 
fied electors signing such petition and to the number of quali¬ 
fied electors required to make such petition sufficient. If 
by the certificate of said clerk the petition is shown to be 
insufficient, it may be amended by filing a supplemental pe¬ 
tition within ten days from the date of such certificate. Said 
clerk shall, within ten days from the filing of such supple¬ 
mental petition, make like examination of the same and supplemental 
certify to the result of such examination as hereinbefore pro- petition, 
vided. If the certificate of the clerk shall show any such pe¬ 
tition, or any such petition together with a supplemental pe¬ 
tition, to be insufficient, it shall be retained by him and kept 
as a public record, without prejudice, however, to the filing 
of a new petition to the same effect. But if, by the certificate 
of the clerk, such petition, or such petition together with a 
supplemental petition, is shown to be sufficient, the clerk shall 
forthwith present the same to the legislative body of such 
municipal corporation. The sufficiency or insufficiency of such 
petition shall not be subject to review by such legislative 
body. After the election held in pursuance of such petition, 
the sufficiency of such petition in any respect shall not be sub¬ 
ject to judicial review or be otherwise questioned. In any 
city and county having a Board of Election Commissioners and 
a Registrar of Voters, the clerk of the legislative body thereof 
shall immediately upon the filing of any petition with him, 
transmit the same to such Board of Election Commissioners, 
who shall forthwith deliver such petition to said Registrar of 
Voters, who shall perform all the duties herein required to be 
performed in other municipal corporations by the clerk of 
the legislative body thereof, respecting the examination and 
certification of such petition. Such Registrar of Voters shall, 
upon making his certificate, forthwith return said petition to Duty of 
said clerk, who shall thereupon present such petition and the 
certificate thereto attached to the legislative body of such 
municipal corporation as hereinbefore in this section provided. 

Sec. 5. Election for submission of question to retain control. 

Upon the adoption of such ordinance of intention, or the pre¬ 
sentation as aforesaid of such petition, as provided in section 


188 


PUBLIC UTILITY ACT 


4 of this act, the legislative body of such municipal corporation 
shall, by ordinance, order the holding of a special election for 
the purpose of submitting to the qualified electors of such 
municipal corporation the propositions set forth in such ordi¬ 
nance of intention or in such petition, as the case may, or such 
legislative body shall, by ordinance, order the submission 
of such propositions at a general municipal election, as 
hereinafter provided. Such special election shall be held not 
less than twenty days nor more than sixty days ^ after the 
adoption of the ordinance of intention provided for in section 
4 of this act, or the presentation of such petition to said legis¬ 
lative body; provided, that if a general municipal election shall 
occur in said municipal corporation not less than twenty days 
nor more than sixty days after the adoption of said ordinance 
of intention or the presentation of said petition to said legis¬ 
lative body, said propositions may be submitted at such general 
Question municipal election, in the same manner as other propositions 
mfued^r^' are required by law to be submitted at general municipal elec- 
generai tions in such municipal corporation. Every special election 

held m any municipal corporation under the provisions ot this 
act, shall be called by the legislative body thereof, by ordi¬ 
nance, which shall specify the propositions to be submitted at 
such election and the date thereof, and where provision is 
election Otherwise made by law, shall establish the election pre¬ 

cincts therefor and designate the polling places therein, and 
the names of the election officers for each such precinct. Such 
ordinance shall, prior to such election, be published five times 
in a daily newspaper printed and published in such municipal 
corporation, or twice in a weekly newspaper printed and pub¬ 
lished therein, if there be no such daily newspaper; provided, 
that if no such daily or weekly newspaper be printed and pub¬ 
lished in such municipal corporation, the clerk of said legis¬ 
lative body shall post a copy of said ordinance in three public 
places in such municipal corporation at least ten days prior 
to such election. 


Sec. 6. Proposition upon which votes shall be taken. The 
ballots to be used at any general municipal election or at any 
special election, at which is submitted the question whether a 
municipal corporation shall retain its powers of control re¬ 
specting public utilities shall have printed thereon, in addition 
to the other matters required by law, such of the following propo¬ 
sitions as are specified in the ordinance of intention or the peti¬ 
tion : 

''Proposition No. 1. Shall.(name of municipal 

corporation) retain its powers of control over railroad corpo¬ 
rations?’' 

“Proposition No. 2. Shall . (name of municipal 

corporation) retain its powers of control over street railroad 
corporations?” 




PUBLIC UTILITY ACT 


189 


“Proposition No. 3. Shall. (name of municipal 

corporation) retain its powers of control over common carriers 
other than railroad and street railroad corporations?” 

“Proposition No. 4. Shall . (name of municipal 

corporation) retain its powers of control over gas corpo¬ 
rations?” 

“Proposition No. 5. Shall . (name of municipal 

corporation) retain its powers of control over electrical corpo¬ 
rations?” 

“Proposition No. 6. Shall . (name of municipal 

corporation) retain its powers of control over telephone corpo¬ 
rations?” 

“Proposition No. 7. Shall . (name of municipal 

corporation) retain its powers of control over telegraph corpo¬ 
rations?” 

“Proposition No. 8. Shall .(name of municipal 

corporation) retain its powers of control over water corpo¬ 
rations?” 

“Proposition No. 9. Shall.:.(name of municipal 

corporation) retain its powers of control over wharfingers?” 

“Proposition No. 10. Shall . (name of munici¬ 

pal corporation) retain its powers of control over warehouse¬ 
men?” 

Opposite each such proposition to be voted upon, and to the 
right thereof, the words “Yes” and “No” shall be printed on 
separate lines, with voting squares. Any voter desiring to 
vote in favor of the retention of the powers of control of such 
municipal corporation respecting any particular class of public 
utility, shall stamp a cross (X) in the voting square after the 
printed word “Yes” opposite the proposition as to such class, 
and any voter desiring to vote against the retention of such 
powers of such municipal corporation respecting any particular 
class of public utility, shall stamp a cross (X) in the voting 
square after the printed word “No” opposite such proposition. 

Sec. 7. Canvass of returns. If the propositions specified in 
section 6 of this act shall have been submitted at a special 
election in any municipal corporation, then the legislative body 
or other body or board charged with the duty of canvassing the 
returns and declaring the result of elections in such municipal 
corporation, shall meet at their usual place of meeting on the 
first Monday after such election to canvass the returns and de¬ 
clare the result thereof. Immediately upon the completion of 
such canvass, or upon the completion of the canvass of the 
returns of any general municipal election at which such propo¬ 
sition shall have been submitted, such legislative body or other 
body or board charged with said duty shall make an order de¬ 
claring the result of the election upon such propositions and 
shall cause the same to be entered upon its minutes, which 
order shall show the total number of votes cast upon each 
such proposition, and the number of votes cast respectively in 


Form of 
ballot 

and manner 
of voting. 










190 


PUBLIC UTILITY ACT 


Result of 
election for 
submission of 
question 
to retain 
control. 


favor of and against each such proposition. If it shall appear 
from the result of such election, as so declared, that a majority 
of the qualified electors of such municipal corporation voting 
on any proposition submitted, as provided in section 5 of this 
act, shall have voted to retain the powers of control of such 
municipal corporation respecting any particular class of public 
utility, such municipal corporation shall be deemed to have 
elected to retain such powers of control respecting such class 
of public utility, and such powers shall be exercised by such 
municipal corporation until the same may be surrendered as 
hereinafter provided; and if it shall appear from the result of 
such election, as so declared, that a majority of such qualified 
electors so voting on any such proposition shall have voted not 
to retain such powers respecting any class of public utility, 
such municipal corporation shall be deemed to have elected not 
to retain such powers of control respecting such class of public 
utility, and such power of control shall thereafter vest in and 
be exercised by the Railroad Commission as provided by law. 
Immediately upon the entry of the order declaring the result of 
the election as to such proposition, the clerk of the legislative 
body or the Registrar of Voters in any municipal corporation 
having a Board of Election Commissioners and a Registrar of 
Voters, shall make copies, in duplicate of such order, and shall 
attach to each such copy his certificate under the seal, if any, 
of such municipal corporation, or of such Board of Election 
Commissioners, certifying that the same is a true and correct 
copy of such order. Said clerk or Registrar of Voters, as the 
case may be, shall forthwith file one of said copies in the office 
of the Railroad Commission of the State of California and the 
other in the office of the Secretary of State. Immediately 
upon the filing of such certified copy of such order in the 
office of the Railroad Commission, the powers of control there¬ 
tofore vested in such municipal corporation over any class 
or classes of public utilities which a majority of the qualified 
electors of such municipal corporation voting thereon shall have 
voted not to retain, as shown by such order shall thereupon 
vest in and be exercised by the Railroad Commission. 

Sec. 8. Election to surrender powers of control. Any mu¬ 
nicipal corporation which shall have voted to retain the powers 
of control vested therein respecting any class or classes of 
public utilities, may thereafter surrender its powers of control 
as to such class or classes of public utilities at a general munici¬ 
pal election, or at a special election therein called for that purpose. 
The ballots to be used at such election shall have printed thereon, 
in addition to the other matters required by law, separate propo¬ 
sitions as to each class of public utilities as to which such mu¬ 
nicipal corporation may retain its powers of control and as to 
which it may be desired to vote. As to each of such classes of 
public utilities, and in addition to the other matters required by 
law to be printed thereon, a proposition shall be printed on the 
ballot to be used at such election in substantially the following 


PUBLIC UTILITY ACT 


191 


form : “Shall.. 

(name of municipal corporation) surrender its powers of con¬ 
trol over . (here insert class of public utility) 

to the Railroad Commission?” Opposite each such proposition 
to be voted upon, and to the right thereof, the words “Yes” 
and “No” shall be printed on separate lines, with voting 
squares. Any elector desiring to vote to surrender the powers 
of control of such municipal corporation over any class of ^ 
public utility specified on the ballot, shall stamp a cross (X) 
in the voting square opposite the printed word “Yes,” after 
the proposition as to such class; and any elector desiring to 
vote not to surrender the powers of control of such municipal 
corporation over such class of public utility, shall stamp a 
cross (X) in the voting square opposite the printed word “No” 
after the proposition as to such class. The provisions of sec¬ 
tions 4, 5 and 7 of this act, in so far as applicable, shall govern 
elections called, conducted and held under the provisions of 
this section and to general municipal elections at which such 
propositions shall be submitted. If it shall appear from the re¬ 
sult of such election declared as provided in section 7 of this 
act, that a majority of the qualified electors of such municipal election to 
corporation voting on any proposition submitted as provided powl^^o^f 
in this section, shall have voted to surrender the powers of control, 
control of such municipal corporation respecting any par¬ 
ticular class of public utility, such municipal corporation shall 
be deemed to have surrendered its powers of control as to 
such class of public utility to the Railroad Commission, and 
such powers shall thereafter vest in and be exercised by the 
Railroad Commission, as provided by law, upon the filing, in 
the office of the Railroad Commission, of a certified copy of the 
order declaring the result of such election; and if it shall appear 
from the result of such election, as declared, that a majority of 
such qualified electors voting on any such proposition shall have 
voted not to surrender such powers of control respecting any par¬ 
ticular class of public utility, such powers of control shall continue 
in such municipal corporation; provided, however, that such pow¬ 
ers of control may thereafter be surrendered by such municipal 
corporation at any subsequent election at which the question 
of such surrender may again be submitted under the provisions 
of this act. 

Sec. 9. Limitation on holding of special election. The hold¬ 
ing of a special election or elections, or the submission of 
propositions at any general municipal election, under any of 
the provisions of this act, shall not be construed to preclude the 
holding of a subsequent special election or elections or the sub¬ 
sequent submission of propositions at a general municipal elec¬ 
tion or elections, on the question of the retention or surrender 
by a municipal corporation of its powers of control respecting 
any class or classes of public utilities, as in this act provided; 
provided, that not more than one such special election shall be 
held within any period of twelve months. 




192 


PUBLIC UTILITY ACT 


Sec. 10. Conduct of elections. Except as otherwise in this 
act provided, the holding and conducting of elections under the 
provisions of this act, the form of the ballots used, the opening 
and closing of the polls, the canvass of the returns and the 
declaring of the result shall conform, as nearly as may be, to 
such laws' as shall now or hereafter be applicable to special 
municipal elections held in the municipal corporation affected. 

Sec. 11. Chapter forty of the laws of the extraordinary session 
of December, 1911, is hereby repealed. 


VOTING MACHINES 


193 


VOTING MACHINES. 


An Act creating a State Commission on voting or ballotmg 
machines, defining their powers, and providing for the use 
at the option of indicated local authorities of voting or ballot 
machines for receiving and registering the vote in one or 
more precincts of any county, or city and county, city or town, 
at any or all elections held therein, and for ascertaining the 
result at such elections; and providing for the punishment of 
all violations of the provisions of this Act. 

(Approved March 20, 1903; amended March 19, 1907; amended 
April 21, 1911; amended January 22, 1912.) 

(Amendments approved June 11, 1913; in effect August 10, 1913.) 

Section 1. State Commission, Who are. 1. The Governor, 
Secretary of State and Attorney-General, and their successors 
in office are hereby created and constituted the State Com¬ 
mission on voting or ballot machines. It shall be the duty of 
said commissioners to examine all voting or ballot machines 
which may be offered for their inspection in order to deter¬ 
mine whether such machines comply with the requirements 
of this Act, and can safely be used by voters at elections 
under the provisions of this Act; and no machine or machines 
shall be provided by the Board of Supervisors, or other 
board having charge and control of elections in each of the 
counties, and cities and counties, cities or towns of the state, 
unless the said machine or machines shall have received the 
approval of a majority of said commission as herein provided. 


2. Any machine or machines which shall have the approval 
of a majority of said commission may be provided for use at 
elections by the boards authorized so to do under the pro¬ 
visions of this Act. The report of said commission on each 
and every kind of voting or ballot machine shall be filed with 
the Secretary of State within thirty days after their examination 
of said machines, and the Secretary of State must within five 
days after the filing of any report approving any machine or 
machines, transmit to the Boards of Supervisors or other 
boards having charge and control of elections in each of the 
counties and cities and counties, cities or towns of the state, 
a list of the machines so approved. 


Machines, 
Approval of. 


3. No machine or machines shall be used unless such ma¬ 
chine or machines shall have received the approval of the 
State Commission at least ninety days prior to any election 
at which such machine or machines are to be used. 


4. For carrying out the provisions of this Act the members 
of the State Commission under this Act shall be allowed their 
actual necessary expenses. 


104 


VOTING MACHINES 


Sec. 2. Supervisors may provide and require use of voting 
machines. The Board of Supervisors, or other board having 
charge and control of elections in each of the counties and 
cities and counties, cities or towns of the state, may at any 
regular meeting, or at any special meeting called for the pur¬ 
pose, provide for and require the use of a voting or ballot 
machine, or machines for receiving and registering the vote 
at any or all elections held in such county, city and county, 
city or town, respectively, or in any one or more precincts 
thereof, and every such Board of Supervisors, or other board 
having charge and control of elections in each of the counties, 
and cities and counties, cities or towns of the state, may deter¬ 
mine upon and require the use of voting or ballot machines 
at any and all elections to be held within such county, city and 
county, city or town of the state, or in any one or more 
precincts thereof, and thereupon the voting or ballot machine 
or machines so determined upon and required shall be used in 
voting for all public officers or candidates for nomination to 
s public office, to be voted for by the voters of such counties, 
cities and counties, cities or towns of the state, or in the pre¬ 
cinct or precincts thereof, for which the same shall have been 
so determined upon and required, and also in voting upon all 
amendments to the Constitution, and upon all laws or propo¬ 
sitions or questions which may be lawfully submitted to such 
voters, and for receiving and registering the votes cast at any 
and every such election. Any such board so authorized to 
provide for and require the use of a voting or ballot machine 

as hereinbefore specified, may, if the machine has been ap¬ 

proved as in this Act required, at its option resolve to provide 
and use only such a voting or ballot machine so constructed and 
Machine not arranged that the voting or ballot machine will not permit of 
sHaTght pirty votiiig a Straight party ticket, or for any candidate, by any other 

ticket. method than by turning or pushing the keys separately of each 

voting space, for each separate candidate voted for. Party 
nominations may be designated by usual or reasonable ab¬ 
breviation of party names. (Amendment approved April 21, 
1911 : in efifect immediately.) 

Sec. 3. Joint ownership by counties and cities. In pur¬ 
chasing the necessary voting or ballot machines to be used at 
elections, as herein provided, the Boards of Supervisors of the 
several counties, and the legislative bodies of the incorporated 
cities and towns therein, may, by agreement, entered into by 
said Board of Supervisors and the legislative body of any in¬ 
corporated city or town in such county, provide for the joint 
purchase and subsequent ownership thereof, and for the care, 
maintenance and use of the same. 

Sec. 4. Requirements of machine before approved. No vot¬ 
ing or ballot machines shall be approved by the said board 
unless the same be so constructed as to provide facilities for 
voting for the candidates of as many different parties or or- 


VOTING MACHINES 


195 


ganizations as may make nominations for office and for and 
against as many different propositions or amendments as may 
be submitted, nor shall any such machine be approved unless 
the same will permit a voter to vote for any person for any 
office; it must enable the voter to vote and select a ticket all 
from the nominees of one party or a ticket selected in part 
from the nominees of one party and in part from the nominees 
of any or all other parties, and in part from independent nomi¬ 
nations, or in part or in whole of the names of persons not 
nominated by any party or upon any independent ticket; such 
machines must also secure the voter privacy and secrecy in the 
act of voting; such machines must also be so constructed that 
a voter can not vote for a candidate or a proposition or amend¬ 
ment for whom or on which he is not lawfully entitled to 
vote, also to prevent voting for more than one person for the 
same office, except in cases where the voter is lawfully en¬ 
titled to vote for more than one person for the same office, in 
which event they must enable the voter to vote for as many 
persons for that office as he is by law entitled to vote, and no 
more; they must also prevent his voting more than once for 
the same person for the same office; and allow of his reversing 
his vote in case of mistake or desire to change; and such ma¬ 
chines must be so constructed that all votes cast for any per¬ 
son voted for, or for or against any proposition or amend¬ 
ment submitted to the voters shall be accurately registered or 
recorded, and any machine to be approved by said board must 
be of such kind, style or pattern as will permit the exercise 
by each voter of the full right and privilege of his elective 
franchise under the Constitution and laws of this state. All 
voting machines approved by the State Commission shall 
have a separate voting device for each candidate appearing 
on the ballot. Such machines may also have thereon a straight 
ticket device for each of the parties for voting a straight ticket 
vote for candidates of such party; but if so equipped with 
separate straight ticket voting devices, such separate straight 
ticket voting device must be locked out of operation. Ma¬ 
chines which have been approved with such straight ticket 
mechanism thereon may be used in elections with such 
mechanism rendered inoperative, and machines with such 
straight ticket mechanism entirely removed therefrom, or ma¬ 
chines which omit a party designation of candidates by column 
or line which have been approved, may be used in such elec¬ 
tions, and the omission, removal, or locking out of operation 
of such straight voting mechanism from the machine that has 
otherwise been approved by the commission, need not require 
a further examination and approval of a machine of that type. 

The ballot at any election, whether general, primary, munici¬ 
pal, or otherwise, shall be arranged upon the voting^ machine 
as to the order of offices, order of candidates’ names, and in 
other respects for such election, as required by the law pre¬ 
scribing the form and order of the ballot for such election; 


Separate 
voting device 
for each 
candidate. 


Use of 

machine hav¬ 
ing straight 
ticket 

mechanism. 


Arrangement 
of ballot. 


196 


VOTING MACHINES 


provided, however, that blank spaces - for the writing in of 
the names of candidates or delegates or persons to be voted for, 
whose names are permitted to be written upon a ballot or 
pasted thereon by adhesive substance, under the law prescrib¬ 
ing the form of the ballot, for the election, need not follow 
in the same order or place or places, upon a voting machine, 
as is prescribed in the law prescribing the form of ballot for 
the election, if the said voting machine be so constructed and 
capable of operation that all persons who by the law prescribing 
the form of ballot for the election are entitled to be voted for 
by writing in the name of such person, or pasting thereon the 
name of such person by adhesive substance, may be voted for 
by and upon said voting machine, and such votes counted and 
returned as full, correctly and efifectually as might have been 
done by the use of the form of ballot prescribed by law for the 
election, in case no voting machine had been used. The 
ballot may be placed upon the machine so the columns will 
extend either vertically or horizontally, if in all other respects 
save as to the said blank spaces the ticket is in the form and 
order which would exist if the election were held by ballot and 
without a voting machine. (Amendment approved January 22, 
1912; in effect March 24, 1912.) 

Sec. 5. Supervisors to furnish machines, etc. The Board 
of Supervisors or other board having charge and control of 
elections adopting a voting or ballot machine shall, as soon as 
practicable thereafter, provide for such polling place or places, 
as they may determine, one or more voting machines in com¬ 
plete working order and also such other accessories as may 
be required for the practical working of* the machine and shall 
thereafter preserve and keep the machines in repair, and shall 
have custody of the furniture and equipment. If it shall be 
impracticable to supply each and every election precinct with 
a voting or ballot machine or machines at any election follow¬ 
ing such adoption, as many may be supplied as it is practicable 
to procure, and the same may be used in such election pre¬ 
cincts within the county, or city and county, city or town, 
as the board having control may direct. Where the board 
having charge and control of elections, is not the board hav¬ 
ing control of appropriations of money generally for the 
territory, but receives its appropriation from the Board of 
Supervisors, or board having control of appropriations of 
money generally for the territory, then and in such event the 
Board of Supervisors or board having control of appropriations 
of money generally for the territory represented by such board 
so having charge and control of elections, shall have exclusive 
power to purchase or otherwise provide voting or ballot ma¬ 
chines for use in such territory. The Board of Supervisors or 
Board having control of the finances of any county, city and 
county, or political subdivision, shall have power to sell, 
lease, alter, exchange, or otherwise at its discretion dispose 
of any voting machine or voting machine appliances owned 


VOTING MACHINES 


197 


by such county, or city and county. (Amendment approved 
April 21, 1911; in eflect immediately.) 

Sec. 6. Election supplies for machines to be furnished not 
later than twenty-four hours preceding election. The County 
Clerk, Registrar of Voters, or City or Town Clerk, as the case 
may be, shall not later than twenty-four hours next preceding 
the election, cause to be delivered to one of the inspectors of 
election, duly appointed, at his residence, all necessary sup¬ 
plies, stationery, blank forms, poll and tally lists, and instruc¬ 
tions to voters, necessary and proper to the conduct of the 
election and to the counting and canvassing of the votes, and the 
return thereof, which forms, blanks, lists, and other stationery 
shall have been previously prepared by the said County Clerk, 
Registrar of Voters, or City or Town Clerk, as the case may 
be, in such manner as to be adapted to the conducting and 
returning of such election by such voting or ballot machines 
as are used at the election. The supplies previously mentioned 
to be delivered to such Inspector, shall in addition to all other 
necessary forms, lists, or blanks, include one card stating the 
penalty for tampering with or injuring a voting machine; two 
seals for sealing voting machines; one envelope in which the 
keys to the voting machine are sealed, said envelope to have 
printed or written thereon the number and location of the 
election precinct in which the machine is to be used, the num¬ 
ber of the machine, the number shown on the protective 
counter thereof, after the machine has been prepared for the 
election, and any designation that may be on such seal as the 
machine is sealed with. Said envelope to have attached to it ^ 

a detachable receipt for the delivery of the keys of the voting 
machine to the Inspector of the election at his residence; one 
envelope in which the keys to the voting machine can be re¬ 
turned by the Inspectors after the election; one card stating the 
name and telephone address of the superintendent for the day 
of election; two diagrams of the voting face of the machine 
as appears after the ballot label showing the titles of the 
offices and the names of the candidates, and statement of 
propositions, together with the voting indicators for each, 
shall have been inserted in the voting machine, and also suit¬ 
able printed instructions for the guidance of the Board of Elec¬ 
tion. (Amendment approved April 21, 1911; in effect im¬ 
mediately.) 

Sec. 7. Voting machine instructors, designation of voting 
machine, and instruction of election officers. At least twenty 
days before any election, other than a special election, at which 
voting machines are to be used in any political subdivision, 
the County Clerk, Registrar of Voters or City or Town Clerk, 
as the case may be, shall designate one or more deputies, to 
be provided by the board having charge and control of 
elections, who are competent for the purpose, as voting machine 
instructors, and shall cause one or more voting machines of 


198 


VOTING MACHINES 


Clerks may 
issue certifi¬ 
cates of com¬ 
petency. 


Appointment 
of election 
officers, pref¬ 
erence to be 
given persons 
holding cer¬ 
tificates. 


Arrangement 
of supplies. 


the type to be used at the election, to be set up in his office, 
for the purpose of having such voting machine instructors give 
instructions to persons applying to serve as election officers at 
the ensuing election, and shall also publish notice in one^ or 
more daily or weekly newspapers, in such political subdivision, 
if any is there published, stating that instructions will be given 
at such office (stating the location thereof) as to the use of 
voting machines, to all persons otherwise qualified, who shall 
apply to serve as election officers, at the ensuing election, and 
requesting qualified persons to attend at such office and apply 
to serve, and take such instructions. Such notice may also 
be sent by mail to all such persons as the said County Clerk, 
Registrar of Voters or City or Town Clerk, may deem likely 
to take the same. Such voting machine instructors shall give 
such instructions to those who apply (subject to the control of 
the Clerk or Registrar of Voters, that too great a number from 
a given precinct need not be instructed) and shall report the 
result to such Clerk or Registrar of Voters, and such Clerk or 
Registrar of Voters, if satisfied with the report, may issue a 
certificate of competency. to such person, and shall enter the 
name of such person in the proper book, by precincts, with 
the residence of such person and the date of certificate of com¬ 
petency, .and mail such certificate to such person at the address 
shown by his application or registration. In making up a 
recommendation of names of persons suitable for election 
officers, the Clerk or Registrar of Voters, shall, where the per¬ 
son is otherwise qualified and able to serve, prefer the persons 
in each precinct, who have received such a certificate, and the 
persons thus shown in such recommendation shall be appointed 
as election officers in the proper precincts, and unless they fail 
to appear and be sworn or are excused for cause, by the Clerk 
or Registrar of Voters, shall serve as an election officer at the 
election. (Amendment approved June 11, 1913.) 

Sec. 8. Duties of Election Board. The Precinct Board of 
Election of each precinct shall meet at the polling place therein, 
at least one hour before the time set for the opening of the 
polls at each election, and shall proceed to arrange within, 
the guard-rail the furniture, stationery, and voting or ballot 
machine for the conduct of the election. The Inspectors of 
Election shall then and there have the voting or ballot ma¬ 
chine, instructions to voters, and stationery required to be 
delivered to them for such election. The Inspectors shall there¬ 
upon cause at least two instruction cards to be posted con¬ 
spicuously within the polling place. They shall see that the 
model, if such model is furnished, is placed where each voter 
can conveniently operate it and receive instructions thereon as 
to the manner of voting before entering the machine. They 
shall post one diagram inside the polling room and one out¬ 
side, in places where the voters can conveniently examine them. 
They shall see that the lantern or other means provided for 
giving light is in such a condition that the voting machine is 


VOTING MACHINES 


199 


sufficiently lighted to enable 'voters to readily read the 
names on the ballot labels. They shall see that the ballot 
labels are in their proper places on the machine. They 
shall open the counting compartment of the voting machine in 
the presence of the public and the members of the Board of 
Election, before the opening of the polls, and inspect the 
recording dials of such machine, and see that each counter 
number on each dial for a candidate, is set at zero (000) and 
make a certificate substantially in the form hereinafter pro¬ 
vided. If any counter number upon such dial for any candidate 
is found not to register zero (000), a statement of the actual 
register of such counter number, together with the designating 
number of said dial and letter, shall be made and signed by 
the Election Board as to every such dial number so found 
registered above zero (000). In such event, in each sepa¬ 
rate case, the number so found above zero (000) upon the 
dial of any particular candidate must be deducted from 
the total vote of such candidate as shown upon that counter 
number at the close of the polls. The tally sheet shall 
have plainly printed thereon, so as to occupy an entire page 
thereof, a statement and certificate substantially in the follow¬ 
ing form : 

NOTICE TO -ELECTION OFFICER. 

The Board of Election shall before opening the polls, open 
the counting compartment of the voting machine in the 
presence of the public and the members of the Board of Elec¬ 
tion, and inspect the recording dials of such machine, and 
see that each counter number on each dial for a candidate, 
is set at zero (000) and make a certificate substantially in the 
form below provided. If any counter number upon 'such dial 
for any candidate is found not to register zero (000), a state¬ 
ment of the actual register of such counter number, together 
with the designating number of such dial, and letter, shall be 
made and signed by the Election Board as to every such dial 
number so found registered above zero (000). In such event 
in each separate case, the number so found above zero (000) 
upon the dial of any particular candidate, must be deducted 
from the total vote of such candidate, as shown upon that 
counter number at the close of the polls. 

^ CERTIFICATE. 

We, the undersigned members of the Election Board of elec¬ 
tion precinct No. hereby certify that the following 

statement is a correct statement of all counter number dials, 
upon the voting machine or machines used at said precinct, 
which were found to have the counter number upon any dial 
thereon, register above zero (000), as found by an examination 
and inspection made by said Election Board at said precinct 
before the opening of the polls and in the manner provided 
by law, and that the name of each candidate afifected thereby. 


Tally sheets, 
form of. 


Notice to 
Election 
Officei s. 


Form. 


Election 

Board 

Certificates. 



200 


VOTING MACHINES 


Form. 


Location. 


Instruction 

voters. 


is hereinbelow respectively and separately stated, together 
with each such separate dial number and each such separate 
letter of such respective dial, and the number so registered 
above zero (000), upon any such respective counter dial, and 
also the number of votes shown upon any such respective 
counter dial, at the close of the polls, together with the total 
vote received by any such candidate so affected, after deducting 
from such total vote the number so found registered above 
zero (000) upon the counter number dial of such respective 
candidate or candidates: 


Name 

Dial number 

Letter 

Counter register at 
opening of polls 
above zero (000) 

Counter register at 
close of polls 

Total vote 
received 































r. Inspector 

Signed: I . 


.-. Judge 

(Amendment approved April 21, 1911; in effect immediately.) 
Sec. 9. Machines to be in plain view. The exterior of the 
voting or ballot machine and every part of the polling place 
shall be in plain view of the election officers and public. The 
voting or ballot machines shall be placed at least three feet 
from every wall and partition of the polling place, and at least • 
three feet from the guard-rail. A guard-rail shall be con¬ 
structed at least three feet from the machine, with openings to 
admit electors or officers of election to and from the machine. 

Sec. 10. Voting, how conducted. After the opening of the 
polls, the Inspectors shall not allow any voter to pass within 
the guard-rail until they ascertain that he is duly entitled to 
vote. Before each voter enters the voting machine,. the In¬ 
spectors of election shall, so far as possible, inform him how 
to operate the machine, and illustrate same upon the model of 
the machine, if any be furnished, and call his attention to the 
diagram. If any voter shall, after entering the voting machine, 
ask for information regarding its operation, the Inspectors of 
to election shall give him such necessary information. The oper¬ 
ation or voting by an elector, while voting, shall be secret and 


















VOTING MACHINES 


201 


obscured from all other persons except as provided in cases of 
voting by assisted electors. At any election at which the num¬ 
ber of officers to be elected plus the number of propositions or 
amendments to be voted on shall together make a total of 
fifteen or less, no voter shall remain within the voting or ballot 
machine booth longer than two minutes, and if he shall refuse 
to leave it after the lapse of two minutes, he may be removed 
by the Inspectors. At any election at which the number of offi¬ 
cers to be elected plus the number of propositions or amendrhents 
to be voted on shall together make a total of more than fifteen, 
no voter shall remain within the voting or ballot machine booth 
longer than three minutes, and if he shall refuse to leave it 
after the lapse of three minutes he may be removed by the In¬ 
spectors. The Inspectors of election shall occasionally ex- 
arnine the face of the machine and the ballot labels to deter¬ 
mine if same have been injured or tampered with. No vote 
cast in the irregular or blank column shall be counted for a 
person whose name is printed upon the ballot or face of the 
machine as a candidate for the same office for which he is 
voted in the irregular or blank column. All voters in the poll¬ 
ing place' or standing in line entitled to vote, at the hour for 
closing the polls, must be permitted to vote. (Amendment 
approved April 21, 1911; in effect immediately.) 

Sec. 11. Canvass of votes. As soon as the polls of the elec¬ 
tion are closed the Inspectors of Election thereat shall im¬ 
mediately lock the voting or ballot machine against voting, 
and, in the presence and full view of the public who may be 
lawfully within the polling place, proceed to demonstrate and 
declare the result of such election as registered or recorded or 
received by the machine (subject to any legal deductions made 
under the provisions of section 8 of this act), in the following 
manner: One of the Inspectors shall under the scrutiny of the 
other Inspectors, of a different political party, in the order of 
the offices as their titles are arranged on the machine, com¬ 
mencing with the first party or top column, or commencement 
of the ticket as arranged, announce in distinct tones to the 
clerks of election, the designating number and letter of each 
counter, and the vote registered thereon, and the clerks of elec¬ 
tion shall correctly record each announcement so made upon 
separate respective tally sheets provided for that purpose, 
before another announcement is made by the Inspector. The 
said Inspector shall then in like manner announce the vote 
recorded for each office on the regular ballot, and the election 
clerks shall in like manner record the same. The Inspector 
shall then also in like manner announce the vote on each 
question or proposition submitted at the election, and the 
clerk shall in like manner record the same. The canvass 
of each office shall be completed before proceeding to the next, 
and the vote as announced shall be written by the clerks in 
ink on the two tally lists provided therefor in the same order. 
After completing and writing down the canvass, in the manner 


Time voter 
may remain 
in machine 
booth. 


Election in¬ 
spector to 
examine dial 
of machine. 


Votes, how 
canvassed. 


Duty of 
Inspectors. 


202 


VOTING MACHINES 


aforesaid, the Inspectors of Election shall verify the same 
by comparing the figures on the tally lists with the figures on 
the counters in the machine, and the names recorded on or 
in the device for voting for persons not nominated, and also 
with the result registered on the machine as to the vote upon 
questions or propositions, and in making such comparison and 
verification, one of the Inspectors shall again distinctly an¬ 
nounce and recall aloud the vote registered upon each counter. 
The Board of Election shall then certify in the appropriate 
place on the tally list, as to the number of voters that voted 
at the election, as shown by the poll lists, and by the number 
registered on the public counter, and the number registered on 
the protective counter, and the number or other designating 
mark on the seal with which the machine has been sealed, 
together with other information regarding the machine as pro¬ 
vided on the tally list. The counter compartment of the vot¬ 
ing machine shall remain open until the tally list and all other 
reports have been fully completed and signed, after which they 
shall lock the counter compartment and deliver the keys thereof 
in a sealed envelope to the County Clerk, Registrar of Voters, 
or City or Town Clerk, as the case may be. (Amendment 
approved April 21, 1911; in effect immediately.) 


When machine 
may be 
opened by 
committee. 


Sec. 12. Duties of Inspectors; opening machine; records; 
contests. The Inspectors of Election shall, as soon as the re¬ 
sult is fully ascertained and declared, as in the preceding sec¬ 
tion required, lock the machine so that the record of each elec¬ 
tion shall be preserved for the period of six months following 
such election, except in cases where the machine is required 
for use in a subsequent election during such period, in which 
case the Board of Supervisors or other board having charge 
and control of elections shall inspect the registering or record¬ 
ing and receiving device of the machines and file a report of 
said inspection with the County Clerk or Registrar of Voters. 
Said report of said board when so certified and filed shall be 
prima facie evidence of the vote at such election. Any supple¬ 
mentary or duplicate record of an election, which may be 
furnished by a machine, shall be preserved by the County 
Clerk or Registrar of Voters for one year following such 
election. Whenever either House of the Legislature shall by 
resolution, adopted and entered upon its journal, direct that 
any standing or special committee of such House, shall be 
empowered to open and examine any voting machine or voting 
machines which were used at any election held within six 
months before the passage of such resolution, the committee of 
such House so empowered and authorized shall have the power 
and authority by its resolution in writing to order any such 
machine or machines to be opened, inspected or examined in 
any manner which such committee shall prescribe. If the open¬ 
ing of such a machine or machines be for the purpose only of 
counting or recounting the votes cast or registered at "said 


VOTING MACHINES 


203 


election in a contest pending before such House, then and in 
such event the opening thereof and such count or recount must 
be made in the presence of said committee, or its sub-committee 
duly designated by its resolution in writing for such purpose. 
If the opening of such machine or machines be for any other 
purpose or for the investigating of the mechanism and manner 
of operation, of a machine or machines, or for determining or 
reporting upon the mode of its operation, or its nature as a 
safe mechanical appliance for the receiving and registration of 
the votes of electors, then the committee must by its resolu¬ 
tion in writing specify the person or persons who are to make 
such mechanical or expert inspection, and the place where and 
the time when such inspection is to commence, and may, if it 
deem proper, limit the duration of such inspection, and fix the 
place where the sam-e is to be made, and state whether the 
same is to be made in the presence of the said committee, or of 
its duly appointed siib-committee, or of any other person or 
persons to be named by said committee. Every person em¬ 
ployed or permitted to take part in any such inspection of 
such a machine or machines, or in whose presence said in¬ 
spection occurred, may be required to attend and testify as a 
witness before such committee if required, and be subject to 
the subpoena of such committee. If such machine or machines 
be opened under the provisions of this section by order of 
such committee, the said committee, or its sub-committee duly 
appointed, shall immediately, upon opening the doors, or the 
opening to the dial or place where the votes thereon are regis¬ 
tered, which were cast at the last election, take ofif in writing 
the complete re,cord of votes for all candidates which are re¬ 
corded or registered upon or by said machine, and certify the 
same to be true and correct, with the date of such certificate, 
and place the same in an envelope, and seal the same in the 
manner required for sealing election returns, and make an 
endorsement upon the outside of such envelope stating the 
number of the machine whose record is enclosed, and forthwith 
file* the same with the County Clerk, or Registrar of Voters, of 
the county, or city and county, where such election was held 
who shall receive and keep the same with the other returns of 
the said election in his office for a period of twelve months 
from the date of said election, and such record shall in any 
court having jurisdiction of an election contest be prima facie 
evidence of its contents in any case where the vote upon such 
a machine or machines might have been recounted by the 
court if such machine or machines had not been previously 
opened or the result thereof in any manner afifected. Im¬ 
mediately upon the conclusion of such investigation, exami¬ 
nation and inspection of such machine or machines, the same 
shall be again securely locked by the Clerk, or Registrar of 
Voters, or the said committee or its sub-committee, and the 
keys thereof returned to the officer entitled to possession of 
the same^ under the provisions of this Act, and shall not be 


Expert 

inspection. 


Record of 
votes to be 
preserved. 


204 


VOTING MACHINES 


Machine may 
be taken to 
State Capitol. 


Secretary of 
State to take 
charge. 


again opened except in accordance with the provisions of this 
Act. One voting machine of each kind or pattern may be 
taken by such committee or upon its order, and upon its re¬ 
ceipt therefor, to the City of Sacramento, or the State Capitol, 
and there kept under the directions of such committee, but no 
such machine shall be so taken or transported without the con¬ 
sent of the owner thereof, unless the same be the property of 
a city, county, or city and county, or other political subdivision 
of the state. If such committee shall permit such a machine 
or machines to be taken apart, then and in such event the 
said committee shall cause the same to be restored and properly 
put together again, before or at the termination of its in¬ 
vestigation, and to be returned by order of such committee, 
and at the expense of the state, to the place from which it was 
taken. If any such machine or machines be taken to Sacra¬ 
mento, or the State Capitol, under the provisions of this sec¬ 
tion, and the Legislature shall adjourn sine die, without such 
machine or machines having been so restored and returned by 
such committee, then and in such event the Secretary of State 
shall forthwith, upon such adjournment, take charge of such 
machine or machines, and cause the same to be properly re¬ 
stored and returned to the place or places respectively from 
which the same were taken, and the expense thereof shall be a 
charge against the state, and a written demand therefor, verified 
by the Secretary of State, must be allowed by the Controller by 
his endorsement of allowance thereon, and thereupon, upon 
presentation, the same shall be paid to the Secretary of State 
by the State Treasurer out of any funds of the state not other¬ 
wise appropriated. Any voting machine used at an election 
may, within six months from the date of such election, in any 
election contest, or action in the nature of quo warranto in 
any court of this state having jurisdiction thereof, be opened 
by order of such court and in its presence, for the purpose 
of recounting the vote involved in such election contest, under 
the same rules and conditions that apply to the opening of 
packages of sealed ballots and the recounting of the same, 
and must be 'forthwith locked again as soon as the result 
upon each machine is tallied, and in the presence of the said 
court. (Amendment approved March 19, 1907.) 

Sec. 13. Misconduct at elections. The provisions of the law 
relating to misconduct at elections shall apply to elections with 
voting or ballot machines. 

Sec. 14. Proportion of machines to number of voters. 

Where voting machines are used the precincts shall be es¬ 
tablished or created in the manner provided by sections 1127 
1128, 1129 and 1130 of the Political Code of the State of 
California. (Amendment approved June 11, 1913.) 

Sec. 15. Official ballot. The list of candidates used or to be 
used on the voting or ballot machine shall be deemed an 
official ballot under this Act for an election precinct in which 
a voting or ballot machine is used, pursuant to law. The word 


VOTING MACHINES 


205 


‘‘ballot” as used in this Act (except when reference is made 
to independent ballots) means that portion of the cardboard, 
or paper, or other material within the ballot frames, containing 
the name of the candidate for office, or a statement of a pro¬ 
posed constitutional amendment, or other question or propo¬ 
sition with the word “For” or the word“Against,” or “Yes” or 
“No.” 

Sec. 16. Election officers. The provisions of section 1142 
of the Political Code shall apply where voting or ballot ma¬ 
chines are used pursuant to this Act, provided however, that 
at any precinct or polling place where two voting machines are 
used, two additional clerks of election shall be appointed for 
service at such polling place, for the election. In any city, or 
city and county, or county, where voting machines are to be 
used, at any election, or where voting machines are owned, 
the board having charge and control of elections may, by a 
majority of such board adopt a resolution to be entered in 
its minutes, provide for a superintendent as herein provided, 
and may thereupon select and appoint a superintendent for the 
care, repair, adjustment, arrangement, testing, and preparation 
of voting or ballot machines. Such person must be a skilled 
machinist familiar with the arrangement, adjustment, and mech¬ 
anism of voting machines, and shall, before his appointment, 
be examined by the board having control of elections, as to 
his competency in these respects. His appointment must also, 
where made for a territory wholly included within any city, 
or city and county, be approved by the mayor of any such 
city, or city and county, who shall also have the right to 
examine such person as to his competency. Said superintendent 
shall be considered a public officer, and shall hold office under 
such appointment until removed by the board having charge 
and control of elections, for cause, and by an order in writing 
entered in its minutes, after giving such superintendent an 
opportunity to be heard, which order of removal, shall be 
final and conclusive, and not subject to review. In any city, 
county, or city and county, which at the last general election 
therein, had a registration of voters exceeding seventy thousand, 
the said board having control of elections may fix the com¬ 
pensation of such superintendent at a sum not to exceed the 
rate of fifteen hundred dollars per year payable monthly, and 
may, by the resolution of appointment, provided such ap¬ 
pointment is made by the year, provide that the services 
of such superintendent shall be given exclusively to said 
board while he remains in its employ, or under such appoint¬ 
ment. Unless such appointment is made by the year and 
in the manner last mentioned in such a city, county, or city 
and county, and in any event in all other cases and places, 
such superintendent so appointed pursuant to this Act shall 
receive a compensation at the rate of ten dollars per day, 
for every day he shall be actually employed; provided, how¬ 
ever, that in any such place where his compensation is fixed 


Providing for 
a superintend¬ 
ent for 
machines. 


Salary. 


206 


VOTING MACHINES 


Bond to be 
filed with 
County Clerk. 


Duties. 


Affidavit. 


by the day under this Act, the board having control of elec¬ 
tions may fix his compensation at a lesser sum when he is 
employed merely as caretaker of such voting machines. Such 
superintendent must file his acceptance of the appointment 
with the board having charge and control of elections within 
five days after notice of his appointment, and before entering 
upon his duties, shall take the oath of office prescribed by the 
constitution of this state for public officers, which oath may 
be taken by and filed with the County Clerk, or Registrar of 
Voters, and file a bond in a sum to be fixed by the board 
having charge and control of elections, and not less than ten 
thousand (10,000) dollars, in a city and county, conditioned for 
the faithful performance of the duties of his office, with surety 
and to be approved and recorded as may be required for other 
officers of such city, county, or city and county, and it shall be his 
duty to care for, keep in repair, arrange, adjust, test, and pre¬ 
pare all voting machines for complete and correct operation 
at any election in the political subdivision for which he is 

appointed. All such voting or ballot machines shall be by him 
or under his direction, arranged, adjusted and prepared for 
correct operation at any election in accordance with the pro¬ 
visions of the law of this state, and in accordance with the 
mechanism and rfiles for the adjustment and correct operation 
of such voting machines. The County Clerk, Registrar of 

Voters, or City or Town Clerk, as the case may be, shall 
deliver to such superintendent for his guidance, a copy of any 
written or printed instructions which may be furnished by 
the person or corporation which manufacture the voting ma¬ 
chines in use in such political subdivisions. The board having 
charge and control of elections may also select and employ any 
additional persons-, as assistants, to such superintendent, in 
the performance of his duties, and may fix and allow the com-, 
pensation to be paid to said assistants. The said superintend¬ 
ent of voting machines shall, not later than the day previous 

to the day of election, file with the Clerk, or Registrar of 

Voters, his affidavit specifying the voting machines by number,, 
that have been adjusted for use at such election, and stating 
that every one of such machines have been so adjusted, that 
each and every of its counters, which register the votes cast for 
candidates, are adjusted at zero (000), and that, in every other 
respect, each and every voting machine is adjusted in accord¬ 
ance Avith the requirements of the law of the state, and accord¬ 
ing to the mechanism and rules for the adjustment and correct 
operation of such voting machines. Where any court, or 
justice, or judge of any court, shall make an order or judgment, 
or otherwise, direct any change, alteration, or modification, to 
be made in the ballot labels to be used upon any voting or 
ballot machine, after the sample ballots have been printed, 
it shall not be necessary to print or distribute new sample bal¬ 
lots. (Amendment approved April 21, 1911; in effect im¬ 
mediately.) 


VOTING MACHINES 


207 


Sec. 16a. Machines to be examined, tested, and sealed before 
election. Within not more than thirty-five, nor less than 
twenty-five days, before the holding of any election in any 
county, city and county, city or town, at which is to be used 
voting or ballot machines, under the provisions of this Act, 
the County Clerk, Registrar of Voters, or City or Town Clerk, 
as the case may be, shall fix a day, which shall not be more 
than twenty days, nor less than five days, before the date of 
such election, upon which the voting or ballot machines to be 
used at such election shall be examined, tested and sealed as 
hereinafter provided. At least twenty days before an election 
in any political subdivision where voting machines are to be 
used in one or more precincts of such subdivision, under and 
pursuant to the law of this state, it shall be the duty of the 
County Clerk, Registrar of Voters, or City or Town Clerk, as 
the case may be, to notify in writing, by mail, with postage 
prepaid, the chairman or secretary of the Executive or Central 
Committee of any political party or organization for the terri¬ 
tory, the membership of which may have made nominations 
of candidates to be voted for at such election, or of any political 
party whose party name is lawfully used as a designation by 
a candidate, that it may appoint representatives of such political 
party who shall be authorized to attend and observe the final 
adjustment, testing and sealing of such ballot machines, and 
thereupon it shall be the right of such committee to appoint 
as many representatives, not to exceed three for each political 
party or organization, as it may see fit to select for such pur¬ 
pose, and to issue certificates of such appointment to such repre¬ 
sentatives, by the secretaries of such committees or organiza¬ 
tions, respectively. Such notice shall also name and specify 
the date and place where such examination, testing and sealing 
of such machines will commence, and that the same will con¬ 
tinue, if necessary, at said place from day to day until com¬ 
pleted. The committee or organization empowered to appoint 
such representatives, shall immediately upon making such ap¬ 
pointment, notify the said representative or representatives so 
appointed, respectively, of such appointment and of the time 
and place where such examination, testing and sealing, of such 
voting or ballot machines will commence, and shall also forth¬ 
with, send to the said County Clerk, Registrar of Voters, or 
City or Town Clerk, as the case may be, the name and full 
address of each such representative appointed. Thereafter, at 
the time specified in such notice, and until the completion 
thereof, the said representative or representatives shall be en¬ 
titled to attend and observe the final adjustment, testing and 
sealing of such voting machines, under the directions of the 
Board of Election Commissioners, or of the superintendent 
provided for by this Act, and such adjustment, testing and 
sealing shall proceed in the presence of as many of said repre¬ 
sentatives as shall assemble to observe and view the same, and 
a full and complete opportunity shall then and there be given 


Date upon 
which votin 
machines 
must be 
inspected 
before 
holding an 
election. 


Notice of 
inspection. 


208 


VOTING MACHINES 


by such superintendent and his assistants, to such represen¬ 
tatives to observe the processes by which such adjustment, 
testing and sealing is performed, and to see that the said 
voting machines are so adjusted that each counter is set at 
zero (000), and without any vote registered thereon for the 
advantage of any party-or candidate or otherwise. When the 
said machines are so sealed they shall not be unsealed again 
except by the precinct election boards on the day of election, 
to the extent necessary for the proper and lawful conduct of the 
election. Any candidate may attend in person or appoint in 
writing signed by such person, a representative to attend, with 
all the rights and privileges provided by this section. (New 
section approved April 21, 1911; in effect immediately.) 

Sec. 17. General election laws to govern. All laws and 
parts of laws of this state relating to elections and prescribing 
the powers and duties of election officers, shall, so far as 
applicable to the use of voting or ballot machines, remain in 
full force and effect; and all laws and parts of laws inconsistent 
herewith, shall not be applicable in each county, city and 
county, city or town election precinct wherein such voting or 
ballot machines are used, pursuant to this Act, so long as such 
voting or ballot machine or machines shall be used therein, 
and nothing in this Act contained shall be construed as re¬ 
pealing any existing law or authorizing any deviation or omis¬ 
sion therefrom, except as provided for or set forth herein. 

Sec. 18. Violation of Act, a felony. Any willful violation 
of any provision of this Act or any willful injury to any 
voting or ballot machine tending to injure its effectiveness or 
to change the true expression given by the voters at any 
election shall be a felony and punishable as such, in accord¬ 
ance with the provisions of the Penal Code of the state. 


PURITY OP ELECTION LAWS 


209 


PURITY OF ELECTION LAWS. 

(Approved March 19, 1907.) 

Section 1. Every candidate who is voted for at any public itemized 

• • •'A R t] fli I*, ft ITi P T1 fi to 

election held within the State shall, within fifteen days after the be filed by 
day of holding such election, file, as hereinafter provided, an 
itemized statement, showing in detail all moneys paid, loaned, 
contributed, or otherwise furnished to him, or for his use, directly - 
or indirectly, in aid of his election, and all money contributed, 
loaned, or expended by him, directly or indirectly by himself or 
through any other person, in aid of his election. Such state¬ 
ment shall give the names of the various persons who paid, 
loaned, contributed, or otherwise furnished such moneys in 
aid of his election, and the names of the various persons to whom 
such moneys were contributed, loaned or paid, the specific na¬ 
ture of each item, the service performed, and by whom per¬ 
formed, and the purpose for which the money was expended, con¬ 
tributed or loaned. If the candidate seeks to avoid the responsi- Avoiding ii- 
bility of any illegal payment made by any other person in his 
behalf, he shall set out such illegal payment and disclaim re- other persons, 
sponsibility therefor. Candidates for office to be filled by the 
electors of the State, or of any political division thereof greater 
than a county, and for members of the Senate and Assembly. 
Representative in Congress, or members of the State Board of 
Equalization, or State Board of Railroad Commissioners, shall 
file their statements in the office of the Secretary of State, statement of 
Candidates for all other offices shall file their statements in the where filed, 
office of the clerk of the county wherein the election is held, and 
within which the duties of the office for which the candidate is 
voted for are to be exercised. The statement of a committee or 
candidate shall be recorded in the office of the County Recorder, 
and shall, after being filed, become a public record, and open at 
all times to public inspection and no fee or charge whatsoever 
shall be collected or made by any officer herein specified for 
filing or recording any statement required to be filed or recorded 
under the provisions of this act. Vouchers must be filed for all vouchers, 
expenditures, except in the case of sums under five dollars. 

(Amended June 6, 1913.) 

Sec. 2. Every committee organized for the purpose, or charged Duty of 
with the duty of conducting the election campaign of any political committee, 
party, or of any candidate or candidates, shall appoint a treas¬ 
urer, who shall receive and disburse all moneys contributed for 
such campaign purposes, and keep a true account thereof, and 
shall, in the same manner as herein required of candidates, file 
an itemized statement of all money received or disbursed by him 
as such treasurer. 

Sec. 3. No sum of money shall be paid and no expense in- what are 
curred by or on behalf of any candidate or campaign committee expe™---^ 
as defined in section two of this Act, or any body of superior 


210 


PURITY OF ELECTION LAWS 


Amount that 
can be expend¬ 
ed by candi¬ 
date. 


authority, to which such committee is subject, if any, whether be¬ 
fore, during, or after an election, on account of or in respect of 
the conduct or management of -such election, except for the ex¬ 
penses of holding and conducting public meetings for the dis¬ 
cussion of public questions, and of printing and circulating speci¬ 
men ballots, handbills, card^, and other papers previous to such 
election, and of advertising and of postage, expressage, tele¬ 
graphing, and telephoning, and of supervising the registration of 
voters, and watching the polling or counting of votes cast at 
such election, and of salaries of persons employed in transacting 
business at office or headquarters and necessary expenses of 
maintaining the same, and for rent of rooms necessary for the 
transaction of the business of candidates or committee, or su¬ 
perior authority to which such committee is subject, if any, 
and for necessary incidental expenses, which shall not exceed 
the sum of one hundred dollars if expended by a candidate, or 
one thousand dollars, if expended by a committee; and no sum 
shall be paid and no expense shall be incurred, directly or indi¬ 
rectly, by or on behalf of a candidate, whether before, during, or 
after an election, on account of or in respect of the conduct and 
management of an election at which he is a candidate, in excess 
of the maximum amount following, that is to say: If the term 
of the office for which the person is a candidate be for one year 
or less, five per centum of the amount of one year’s salary of 
the office; if the term be for more than one year, and not more 
than two years, ten per centum of the amount of one year’s 
salary of the office; if the term be for more than two years, 
and not more than three years, fifteen per centum of the amount 
of one year’s salary of the office; if the term be for more than 
three years and not more than four years, twenty per centum 
of the amount of one year’s salary of the office; if the term be 
for more than four years, ten per centum of the amount of one 
year's salary of the office; if the office be one for which, in lieu 
of a salary, there is allowed per diem, for a statutory period, or 
for the number of days actually engaged in the performance of 
public duties, twenty-five per centum of the amount to accrue 
for the statutory period; if the office be one for which in lieu 
of a salary, a yearly sum is allowed the officer for all the ex¬ 
penses of his office, the expenditures of the candidate for such 
office shall not exceed the amount of ten per centum of the 
allowance for such office for one year; if the office be one for 
which no salary or compensation is allowed, except fees, or a 
salary not exceeding nine hundred dollars per annum and fees, 
the expenditures of the candidate for such office shall not ex¬ 
ceed the amount of one hundred and fifty dollars; if the office 
be one for which no salary or compensation is allowed, or for 
which a per diem is allowed for the days actually employed in 
the performance of a public duty, the expenditures of the can¬ 
didate for such office shall not exceed one hundred dollars; if 
the candidate is also at the same time a candidate for an unex- 


PURITY OF ELECTION LAWS 


211 


pired term, he shall not pay or expend any sum on account of 
such unexpired term, but the maximum amount to be expended 
by such candidate shall be as herein above provided. 

Sec. 4. Every claim payable by a committee as defined in 
section two of this Act on account of or in respect of any ex¬ 
pense incurred in the conduct and management of an election 
held within this State, or on behalf of the candidates of the 
political party, organized assemblage, or body which such com¬ 
mittee represents, must be presented.to the committee within 
ten days after the return day of the election, and if not so pre¬ 
sented, the same shall not be paid, and no action shall be com¬ 
menced or maintained thereon, and all expenses incurred as 
aforesaid shall be paid within fifteen days after the completion 
of such official canvass, and not otherwise. Every claim in 
respect of any expenses incurred by or on behalf of a candidate 
at an election held within this State on account of or in respect 
of the conduct or management of such election shall be pre¬ 
sented to such candidate within ten days after the day of elec¬ 
tion, an^ if not so presented, the same shall not be paid, and 
no action shall be instituted or maintained thereon; and all 
such expenses incurred as aforesaid must be paid within twelve 
days after the day of election, and not otherwise. Any person 
who makes a payment in contravention of this section, except 
where such payment is allowed, as provided by this Act, is 
guilty of a misdemeanor. 

Sec. 5. The Superior Court of the county in which such 
statement is filed or is required to be filed, may, on the appli¬ 
cation of either the committee or candidate, or a creditor of 
either allow any claim, not in excess of the maximum amount 
allowed by this Act, to be presented and paid after the time 
limited by this Act; and a statement of any sum so paid, with 
a certificate of its allowance, shall forthwith, after payment, be 
filed by the committee or candidate in the same office as the 
original statement of the committee or candidate. If the candi¬ 
date or committee, upon such application, shall show to the 
satisfaction of said court that any error or false recital in such 
statement, or that the failure to make such statement or to 
present, within the designated time, a claim otherwise just and 
proper, has been occasioned by the absence or illness of such 
candidate, or by the absence, illness or death of one or more 
members of such committee, or by the misconduct of any per¬ 
son other than such applicant, or by inadvertence or excusable 
neglect, or of any reasonable cause of a like manner, and not 
by reason of any want of good faith on the part of the appli¬ 
cant, the court may, after such notice of the application as the 
court shall require, and on the production of such evidence of 
the facts stated in the application as shall be satisfactory to 
such court, by order, allow such statement to be filed, or such 
error or false recital therein to be corrected, or such claims to 
be paid, as to the court seems just; and such order shall relieve 


When claims 
must be 
presented. 


Non-presenta¬ 
tion within 
prescribed 
time. 


Claims pre¬ 
sented after 
time limit. 


212 


PURITY OF ELECTION LAWS 


Application 
may be made 
by creditor. 


Rooms must 
not be rented 
where intoxi¬ 
cating licpiors 
are sold. 


Name of 
printer. 


Act of 1S93 
repealed. 


Who is compe¬ 
tent witness. 


the applicant from any liability or consequences under this Act 
in respect of the matters excused by the order. If the applica¬ 
tion is made by a creditor, the court may, under like conditions 
and upon a like showing, order the claim to be paid, and the 
creditor shall also be entitled to his costs. The claims of. one 
or more creditors may be united in such application, but the 
amount and specific nature of each claim must be fully stated. 

Sec. 6. No payment of any money shall be made by a com¬ 
mittee or candidate for the rent of any premises to be used as 
a committee room or headquarters, or for holding a meeting, 
or for the purpose of promoting the election of a candidate, or 
on account of, or in respect to the conduct or management of, 
an election, where intoxicating liquors are sold for consumption 
on the premises, or where intoxicating liquor is supplied to 
members of any club, society, or association; provided, that 
nothing in this section shall apply to any part of such premises 
which is ordinarily let for the purposes of offices, or for holding 
public meetings, if such part has a separate entrance and no 
direct communication with any part of the premises on which 
any intoxicating liquor or refreshment is sold or supplied as afore¬ 
said. 

Sec. 7. Every bill, placard, poster, pamphlet or other printed 
matter having reference to an election, or to any candidate, 
shall bear upon the face thereof the name and address of the 
printer and publisher thereof, and no payment therefor shall 
be made or allowed unless such address is so printed. 

Sec. 8. An Act entitled “An Act to promote the purity of 
elections by regulating the conduct thereof, and to support the 
privilege of free sufifrage by prohibiting certain acts and prac¬ 
tices in relation thereto, and providing for the punishment 
thereof,” approved February 23, 1893, and all other Acts and 
parts of Acts inconsistent with this Act are hereby repealed; 
provided, that no provision of this Act shall be construed so 
as to repeal any provision of Title IV of Part I of the Penal 
Code, entitled “Of crimes .against the elective franchise.” 

Sec. 9. Any person offending against any of the provisions 
of this Act shall be guilty of a misdemeanor, and be dealt with 
as provided in the Penal Code. 

Sec. 10. A person offending against any provisions of this 
Act is a competent witness against another person so offend¬ 
ing, and may be compelled to attend and testify upon any trial, 
hearing, proceeding, or lawful investigation or judicial pro¬ 
ceeding, in the same manner as any other person. If such per¬ 
son demands that he be excused from testifying on the ground 
that his testimony may incriminate himself, he shall not be 
excused, but in that case the testimony so given shall not be 
used in any prosecution or proceeding, civil or criminal, against 
the person so testifying, except for perjury in giving such 
testimony, and he shall not thereafter be liable to indictment 


PURITY- OF ELECTION LAWS 


213 


or presentment by. information, nor to prosecution or punish¬ 
ment for the oflense with reference to which his testimony was 
given. No person shall be exempt from indictment, present¬ 
ment by information, prosecution or punishment for the offense 
with reference to which he may have testified as aforesaid when 
such person so testifying does so voluntarily or when such 
person so testifying fails to ask to be excused from testifying 
on the ground that his testimony may incriminate himself, but 
in all such cases the testimony so given may be used in any 
prosecution or proceeding, civil or criminal, against the person 
so testifying. Any person shall be deemed to have asked to 
be excused from testifying under this section unless, before any 
testimony is given by such a witness, the judge, foreman or 
other person presiding at such trial, hearing, proceeding or 
investigation, shall distinctly read this section to such witness, 
and the form of the objection by the witness shall be immate¬ 
rial if he in substance makes objection that his testimony may 
incriminate himself, and he shall not be obliged to object to 
each question, but one objection shall be sufficient to protect 
such witness from prosecution for any offense concerning which 
he may testify upon such trial, hearing, proceeding or investi¬ 
gation. 



214 


PURITY OF ELECTION' LAWS 


An Act to protect candidates for certain public offices, to pro¬ 
hibit certain acts by such candidates, and to provide a 
punishment for infractions of this law. (Approved March 
2, 1897). 

CANDIDATES NOT TO BE SOLICITED. 

Section 1. It shall be unlawful for any person, either indi¬ 
rectly or as an officer or member of any committee or associa¬ 
tion, to demand or solicit of any candidate for the Legislature, 
or of any candidate for Supervisor, or of any candidate for 
School Director, or of any candidate for any legislative body, 
that he shall vote for any particular bill or specific measure 
which may come before any such legislative body to which he 
may be elected; provided always, that this inhibition shall not 
in any case apply to the pledges exacted of a candidate by the 
platform or resolutions of any convention by which any such 
candidate may be nominated. 

NOT TO SIGN PLEDGES. 

Sec. 2. It shall be unlawful for any candidates for the Leg¬ 
islature, or for any candidate for Supervisor, or for any candi¬ 
date for School Director, or for any candidate for any ,other 
legislative body, to sign or give any pledge that he will vote 
for any particular bill or specific measure that may be brought 
before any such legislative body; provided always, that this 
prohibition shall not apply to any pledge or promise that any 
such candidate may give to a convention by which he may be 
nominated for any such office, or to those who may sign a cer¬ 
tificate for his nomination. 

PENALTY. 

Sec. 3. Any person violating any provision of this Act shall 
be deemed guilty of a misdemeanor, and any candidate violat¬ 
ing any provision of this Act shall, in addition, be disqualified 
from holding the office to which he may be elected. 


LEGISLATIVE COUNSEL BUREAU 


215 


LEGISLATIVE COUNSEL BUREAU. 

An Act to Establish a Legislative Counsel Bureau. (Amended 
April 12, 1915. Approved May 26, 1915.) 

Sec. 2. It shall be the duty of the chief of the legislative 
counsel bureau, and the work of that bureau, to prepare and 
assist in the preparation, amendment and consideration of leg¬ 
islative bills when requested or upon suggestion as herein pro¬ 
vided. He shall devote his whole time and attention to forward¬ 
ing the work of the bureau, and it shall be his duty to make 
such study as said bureau may direct of the laws of this State 
and other states as may better enable the bureau to do its work, 
and advise as occasion may arise as to needed revision of the 
statutes. It shall also be the duty of the chief of the legisla¬ 
tive counsel bureau, whenever in his judgment there is reason¬ 
able probability that an initiative measure will be submitted 
to the voters of the State of California under the laws of the 
State relating to the sujbmission of measures by initiative, to 
co-operate with the proponents of said measure in the prepara¬ 
tion of said law when requested in writing so to do by tw'enty- 
five or more electors proposing such a measure. 

An act prohibiting employers of labor from interfering with the 
political activities of their employees and providing penalties 
for a violation hereof. (Approved April 10, 1915). 

Section 1. It shall be unlawful for any employer of labor to 
make, adopt or enforce any rule, regulation or policy forbidding 
or preventing his employees, or any of them, from engaging or 
participating in politics or from becoming candidates or a can¬ 
didate for public office, or controlling or directing, or tending 
to control or direct the political activities or affiliations of such 
employees or any of them; or to coerce or influence or attempt 
to coerce or influence such employees or any of them through 
or by means of threat of discharge or loss of employment to 
adopt or follow or refrain from adopting or following any par¬ 
ticular course or line of political action or political activity. 
The expression “employer of labor” as herein used shall be 
deemed to mean and include any person, firm or corporation 
regularly having in his or its employ twenty or more employees. 

Sec. 2. Any employer violating the provisions of this act 
shall upon conviction thereof, if an individual, be punishable 
by imprisonment in the county jail for not to exceed one year 
or by a fine of not to exceed one thousand dollars or by both 
such fine and imprisonment, and, if a corporation, by a fine of 


216 


LEGISLATIVE COUNSEL BUREAU 


not to exceed five thousand dollars. In all prosecutions here¬ 
under the person, firm or corporation violating this act shall 
be held responsible for the acts of his or its managers, officers, 
agents and employees. 

Sec. 3. Nothing herein contained shall be construed to pre¬ 
vent the injured employee from recovering damages from his 
employer for injury suffered through a violation of this act. 


MUNICIPAL CORPORATIONS 


217 


MUNICIPAL CORPORATIONS. 

CHAPTER I. 

Organization of Municipal Corporations. 

An Act to provide for the organization, incorporation, and govern- 
ment of municipal corporations. 

(Approved March 13, 1883.) 

Note—Only those portions of the act are here given which relate to 
offices and elections. 

Section 1. City or town may incorporate. Any portion of a 
county containing not less than five hundred inhabitants, and 
not incorporated as a municipal corporation, may become in¬ 
corporated under the provisions of this act; and when so in¬ 
corporated shall have the powers conferred, or that may be 
hereafter conferred, by law upon municipal corporations of 
the class to which the same may belong. 

Sec. 2. Manner of proceeding in organizing a municipal cor¬ 
poration. A petition shall first be presented to the Board of 
Supervisors of such county, signed by at least fifty of the quali¬ 
fied electors of the county, residents within the limits of such 
proposed corporation, and the affidavit of three qualified elec¬ 
tors residing within the proposed limits, filed with the petition, 
shall be prima facie evidence of the requisite number of signers. 
The petition shall set forth and particularly describe the pro¬ 
posed boundaries of such corporation, and state the number 
of inhabitants therein as nearly as may be, and shall pray 
that the same may be incorporated under the provisions of this 
Act. Such petition shall be presented at a regular meeting of 
such board, and shall be published for at least two weeks before 
the time at which the same is to be presented, in some news¬ 
paper printed and published in such county, together with a 
notice stating the time of the meeting at which the same will 
be presented. When such petition is presented, the Board 
of Supervisors shall hear the same, and may adjourn such 
hearing from time to time, not exceeding two months in all, 
and on the final hearing, shall make such changes in the pro¬ 
posed boundaries as they may find to be proper, and shall 
establish and define such boundaries, and shall ascertain and 
determine how many inhabitants reside within such boundaries; 
provided, that any changes made by said Board of Supervisors 
shall not include any territory outside of the boundaries de¬ 
scribed in such petition. The boundaries so established by 
the Board of Supervisors shall be the boundaries of such munici¬ 
pal corporation until by action, authorized by law for the an¬ 
nexation of additional territory to, or the taking of territory 
from, said municipal corporation, such boundaries shall be 
changed; provided, whenever it shall appear to the Board of 
Supervisors that the boundaries of any municipal corporation 


Number of 
inhabitants 
required. 


Petition. 


Affidavit of 
three quali¬ 
fied electors. 


Petition to 
describe. 


Publication. 


Duty of 
board of 
supervisors. 


Changes in 
boundaries. 


218 


MUNICIPAL CORPORATIONS 


Incorrectly 

described 

boundaries. 


Notice of 
election to 
determine 
proposed 
incorporation. 


Publication 
of notice. 


Ballot, 
form of. 


Election to 
be held in 
accordance 
with general 
election laws. 


Canvass of 
votes. 


Certified copy 
filed with 
Secretary of 
State. 


have been incorrectly described, the board shall direct the 
county surveyor to ascertain and report a description of the 
boundaries. The Board of Supervisors shall, at their first 
regular meeting after the filing of the report of the county 
surveyor, cause notice to be published in some newspaper 
published in the county, that the report will be acted upon at 
the next regular meeting of the board, and at said meeting the 
board shall ratify the report of the county surveyor, with such 
modifications as they shall deem necessary, and the boundaries 
so established shall be the legal boundaries of said municipal 
corporation. They shall then give notice of an election to be 
held in such proposed corporation for the purpose of deter¬ 
mining whether the same shall become incorporated. Such 
notice shall particularly describe the boundaries so established, 
and shall state the name of such proposed corporation, and 
the number of inhabitants so ascertained to reside therein, and 
the same shall be published for at least two weeks prior to such 
election, in a newspaper printed and published within such 
boundaries, or posted for the same period in at least four 
public places therein. Such notice shall require the voters to 
cast ballots, which shall contain the words ‘‘For Incorporation,’’ 
or “Against Incorporation,” or words equivalent thereto, and 
also the names of persons voted for to fill the various elective 
municipal offices prescribed by law for municipal corporations 
of the class to which such proposed corporation will belong. 
(Amendment approved March 19, 1889.) 

Sec. 3. Election, how conducted. Such elections shall be 
conducted in accordance with the general election laws of the 
state, and no person shall be entitled to vote thereat unless he 
shall be a qualified elector of the county, enrolled upon the 
great register thereof, and shall have resided within the limits 
of such proposed corporation for at least sixty days next pre¬ 
ceding such election. The Board of Supervisors shall meet 
on the Monday next succeeding such election, and proceed to 
canvass the votes cast thereat; and if, upon such canvass, it 
appears that the majority of the votes cast are for the incorpo¬ 
ration, the board shall, by an order entered upon, their minutes, 
declare such territory duly incorporated as a municipal in¬ 
corporation of the class to which the same shall belong, under 
the name and style of the city (or town, as the case may be) 

of. (naming it), and shall declare the person(s) receiving, 

respectively, the highest number of votes for such several 
offices to be duly elected to such offices. Said board shall 
cause a copy of such order, duly certified, to be filed in the 
office of Secretary of State, and from and after the date of 
such filing, such incorporation shall be deemed complete, and 
such officers shall be entitled to enter immediately upon the 
duties of their respective offices, upon qualifying in" accordance 
with law, and shall hold such offices, respectively, only until 
the next general municipal election to be held in such city or 
town, and until their successors are elected and qualified; "and 



MUNICIPAL CORPORATIONS 


219 


it shall not be necessary in any action, civil or criminal, to 
plead and prove the organization or existence of such cor¬ 
poration, and the courts shall take judicial cognizance thereof 
without proof. (Amendment approved March 19, 1889.) 

Sec. 4. How incorporated city or town may incorporate un¬ 
der this law. The Common Council, Board of Trustees, or 
other legislative body of any city or county, city, or town, 
organized or incorporated prior to the first day of January, 
eighteen hundred and eighty, at twelve o’clock, meridian, shall, 
upon receiving a petition therefor, signed by not less than one- 
fifth of the qualified electors of such city and county, city or 
town, as shown by the vote cast at the last municipal election 
held therein, submit to the electors of such city and county, 
city, or town, at the next general election to be held therein, 
the question whether such city and county, city, or town shall 
become organized under the general laws of the state relating 
to municipal corporations of the class to which such city and 
county, city, or town may belong. Notice that such question 
will be so submitted shall be given by publication in a news¬ 
paper printed and published in such city and county, city, 
or town; or if there be no newspaper printed and published 
therein, by printing and posting the same in at least four 
public places therein, including the place or places where 
such election is to be held. Such notice shall be so pub¬ 
lished or posted for at least four weeks prior to such 
election, and shall also be made a part of the general elec¬ 
tion notice. Such notice shall distinctly state the propo¬ 
sition to be so submitted, and shall designate the class to which 
such corporation belongs, and shaH invite the electors thereof 
to vote upon such proposition by placing upon their ballots the 
words “For Reorganization,” or “Against Reorganization,” or 
words equivalent thereto. The votes so cast shall be canvassed 
at the time and in the manner in which the other votes cast at 
such election are canvassed. If, upon such canvass, a majority 
of all the electors voting at such election shall be found to have 
voted for such reorganization, the said council, board, or other 
legislative body shall, by an order entered upon their minutes, 
cause their clerk, or other officer performing the duties of 
clerk, to make and transmit to the Secretary of State a certified 
abstract of such vote; which abstract shall show the whole 
nuniber of electors voting at such election, the number of 
votes cast for reorganization, and the number of votes cast 
against reorganization. Said council, board, or other legislative 
body shall immediately thereafter call a special election for the 
election of the officers required by law to be elected in 
corporations of the class to which such city and county, city, 
or town shall belong, which election shall be held within six 
weeks thereafter. Such election shall be held in all respects in 
the manner prescribed, or that may hereafter be prescribed, 
by law for municipal elections in corporations of such class. 


Publication 
of notice of 
incorporation. 


Reorganiza¬ 
tion, ballot, 
form of. 


Clerk to 
transmit 
abstract of 
vote. 


Special 
election for 
election of 
officers. 


220 


MUNICIPAL CORPORATIONS 


and shall be canvassed by the council, board, or other legis¬ 
lative body calling the same, who shall immediately declare the 
result thereof, and cause the same to be entered upon their 
journal. From and after the date of such entry, such corpo¬ 
ration shall be deemed to be organized under such general 
laws, under the name and style of the city and county (or 

city or town as the case may be) of . (naming it), 

with the powers conferred, or that may hereafter be con¬ 
ferred, by law upon municipal' corporations of the class to 
which the same may belong; and the officers elected at such 
election shall be entitled immediately to enter upon the duties 
of their respective offices, upon qualifying in accordance with 
law, and shall hold such offices, respectively, only until the 
next general municipal election to be held in such city and 
county, city, or town, and until their successors are elected 
and qualified. 

Sec. 5. Effect of reincorporation. Any city and county, 
city, or town organized under the provisions of section 4 of 
this act shall, for all purposes, be deemed and taken to. be in 
law the identical corporation theretofore incorporated and 
Not to affect existing; and such reorganization shall in nowise affect or im- 
prope^ty of property owned or held by such corpo- 

incorporation. ration, or in trust therefor, or any debts, demands, liabilities, 
or obligations existing in favor of or against such corpo¬ 
ration, or any proceeding then pending; nor shall the same 
operate to repeal or affect in any manner any ordinance there¬ 
tofore passed or adopted and remaining unrepealed, or, to dis¬ 
charge any person from any liability, city or criminal, then 
. existing, for any violation of any such ordinance; but such 
ordinances, so far as the same are not in conflict with such 
general laws, shall be and remain in force until repealed or 
amended by competent authority; provided, that proceedings 
theretofore commenced shall, after such reorganization, be con¬ 
ducted in accordance with the provisions of such general laws. 

Sec. 6. Duty of outgoing officers. As soon as the officers 
elected under the provisions of either section 3 or section 4 
of this act shall have qualified in accordance with law, all 
persons, if any, then in possession of the offices of such corpo¬ 
ration, shall immediately quit and surrender up the possession 
of such offices, and shall deliver to the officers so elected all 
moneys, books, papers, or other things in their official custody, 
and all property of such corporation in their hands, notwith¬ 
standing that the terms of office for which they were respec¬ 
tively elected or appointed may not then have expired; and all 
officers, boards, and persons holding any property in trust for 
any public use, the administration of which use is vested by 
such general laws in such corporation, or in any of its officers, 
shall, upon demand from such corporation or such officers, 
convey such property to such corporation or such officers, by 
good and sufficient deeds of conveyance, in trust for such public 
use. 



MUNICIPAL CORPORATIONS 


221 


Sec. 7. Boundary, how changed. The boundaries of any 
municipal corporation may be altered, and new territory in¬ 
cluded therein, after proceedings had as required in this section. 
The council, board of trustees, or other legislative body of such 
corporation shall, upon receiving a petition therefor, signed by 
not less than one-fifth, of the qualified electors thereof, as shown 
by the vote cast at the last municipal election held therein, 
submit to the eliectors of such corporation, and to the electors 
residing in the territory proposed by such petition to be an¬ 
nexed to such corporation, the question whether such territory 
shall be annexed to such corporation and become a part thereof. 
Such question shall be submitted at a special election, to be 
held for that purpose, and such legislative body shall give 
notice thereof by publication in a newspaper printed and pub¬ 
lished in such corporation, and also in a newspaper printed 
and published outside of such corporation, and in the county 
in which such territory so proposed to be annexed is situated, 
in both cases for a period of four weeks prior to such election. 
Such notice shall distinctly state the proposition to be so sub¬ 
mitted, and shall designate specifically the boundaries of the 
territory so proposed to be annexed; and the electors shall .be 
invited thereby to vote upon such proposition by placing upon 
their ballots the words “For Annexation,” or “Against An¬ 
nexation,” or words equivalent thereto. Such legislative body 
shall also designate the place or places at which the polls will 
be opened in such territory so proposed to be annexed, which 
place or places shall be that or those usually used for that pur¬ 
pose within such territory, if any such there be. Such legis¬ 
lative body shall also appoint and designate in such notice 
the names of the officers of election. Such legislative body 
shall meet on the Monday next succeeding the day of such 
election, and proceed to canvass the votes cast thereat. The 
votes cast in such territory so proposed to be annexed shall 
be canvassed separately, and if it shall appear upon such 
canvass that a majority of all the votes cast in such terri¬ 
tory and a majority of all the votes cast in such corporation 
shall be for annexation, such legislative body shall, by an 
order entered upon their minutes, cause their clerk, or other 
officer performing the duties of clerk, to make and transmit to 
the Secretary of State a certified abstract of such vote; which 
abstract shall show the whole number of electors voting in such 
territory, the whole number of electors voting in such corpo¬ 
ration, the number of votes cast in each for annexation, and 
the number of votes cast in each against annexation. From 
and after the date of the filing of such abstract, such annexation 
shall be deemed complete, and thereafter such territory shall 
be and remain a part of such corporation; provided, that no 
property within such territory so annexed shall ever be taxed 
to pay any portion of any indebtedness of such corporation, con¬ 
tracted prior to or existing at the date of such annexation. 
If the territory so proposed to be annexed consist«^, in 


Annexation 
of territory. 


Petition. 


Special 

election. 


Publication 
of notice. 


Ballot, 
form of. 


Legislative 
body to 
canvass votes. 


Clerk to 
transmit 
abstract of 
votes. 


222 


MUNICIPAL CORPORATIONS 


Consolidation 
of municipal 
corporations. 


Petition. 


Special 
election, 
when held. 


Duties of 
corporations 
to be con¬ 
solidated. 


Notice of 
election. 


Ballot, 
form of. 


Canvass of 
votes. 


Certified 

abstract. 


or in part, of any municipal corporation, or part thereof, such 
territory shall not be annexed under the provisions of this 
section. 

Sec. 8. Municipal corporations, how consolidated. Two or 
more contiguous municipal corporations may become consoli¬ 
dated into one corporation after proceedings had as required 
in this section. The council, board of trustees, or other legis¬ 
lative body of either of such corporations shall, upon receiving 
a petition therefor, signed by not less than one-fifth of the 
qualified electors of each of such corporations, as shown by the 
votes cast at the last municipal election held in each of such 
corporations, submit to the electors of each of such corpo¬ 
rations the question whether such corporations shall become 
consolidated into one corporation. Such legislative body shall 
designate a day upon which a special election shall be held in 
each of such corporations to determine whether such con¬ 
solidation shall be effected, and shall give written notice thereof 
to the council, board of trustees, or other legislative body of 
each of the other of such corporations, which notice shall 
designate the name of the proposed new corporation. It shall 
thereupon be the duty of such legislative body of each of the 
corporations so proposed to be consolidated to give notice of 
such election, by publication in a newspaper printed and pub¬ 
lished in such corporation, for a period of four weeks prior 
to such election. Such notice shall distinctly state the propo¬ 
sition to be so submitted, the name of the corporations so pro¬ 
posed to be consolidated, the name of the proposed new cor¬ 
poration, and the class to which such proposed new corpo¬ 
ration will belong; and shall invite the electors to vote upon 
such proposition by placing upon their ballots the words ‘'For 
Consolidation,” or “Against Consolidation,” or words equivalent 
thereto. The legislative bodies of each of such corporations 
shall meet in joint convention at the usual place of meeting of 
the legislative body of that one of such corporations having 
the greatest population, as shown by the last federal census, 
on the Monday next succeeding the day of such election, and 
proceed to canvass the votes cast thereat. The votes cast in ■ 
each of such corporations shall be canvassed separately; and 
if it shall appear upon such canvass that a majority of the 
votes cast in each of such corporations shall be for consoli¬ 
dation, such joint convention, by an order entered upon their 
minutes, shall cause the clerk, or other officer performing the 
duties of clerk, of the legislative body at whose place of meet¬ 
ing such joint convention is held, to make a certified abstract 
of such vote; which abstract shall show the whole number of 
elecJiors voting at such election in each of such corporations, 
the number of votes cast in each for consolidation and the 
number of votes cast in each against consolidation. Such ab¬ 
stract shall be recorded upon the minutes of the legislative 
body of each of such corporations; and immediately upon the 
record thereof, it shall be the duty of the clerk, or other officer 


MUNICIPAL CORPORATIONS 


223 


performing the duties of clerk, of each of such legislative 
bodies to transmit to the Secretary of State a certified copy 
of such abstract. Immediately after such filing, the legislative 
body of that one of such corporations having the greatest 
population, as shown by the last federal census, shall call a 
special election, to be held in such new corporation for the 
election of the officers required by law to be elected in corpo¬ 
rations of the class to which such new corporation shall 
belong, which election shall be held within six months there¬ 
after. Such election shall be called and conducted in all re¬ 
spects in the manner prescribed, or that may hereafter be pre¬ 
scribed, by law for municipal elections in corporations of such 
class, and shall be canvassed by the legislative body so calling 
the same, who shall immediately declare the result thereof, and 
cause the same to be entered upon their journal. From and 
after the date of such entry, such corporations shall be deemed 
to be consolidated into one corporation, under the name and 
style of the city and county (or city or town as the case may 

be) of . (naming it), with the powers conferred, or that 

may hereafter be conferred, by law upon municipal corpo¬ 
rations of the class to which the same shall so belong; and 
the officers elected at such election shall be entitled im¬ 
mediately to enter upon the duties of their respective offices, 
upon qualifying in accordance with law, and shall hold such 
offices, respectively, only until the next general municipal 
election to be held in such city and county, city, or town, and 
until their successors are elected and qualified. All the pro¬ 
visions of sections 5 and 6 of this act shall apply to such cor¬ 
poration and to the officers thereof; provided, that no prop¬ 
erty within either of the former corporations so consolidated 
shall ever be taxed to pay any portion of any indebtedness of 
either of the other of such former corporations contracted prior 
to or existing at the date of such consolidation. 


CHAPTER VI. 

MUNICIPAL CORPORATIONS OF THE FIFTH CLASS. 

An Act to provide for the organization, incorporation, and govern¬ 
ment of municipal corporations. {Stats. 1883, page 93.) 

(A charter for cities having a population of more than 3,000 and 
not exceeding 10,000.) 

Sec. 751. Officers. The government of said city shall be vested 
in a Board of Trustees, to consist of five members; a Board of 
Education, to consist of five members; and whenever a free 
public library and reading-room is established therein, five 
trustees thereof; a recorder; a treasurer; a clerk; an attorney; 
a marshal; an assessor, and such subordinate officers as are 
hereinafter provided for; provided, that the Board of Trustees 
may, in its discretion, by an ordinance adopted, published and 


Special 
election for 
election of 
officers. 


How 

conducted. 


Sections of 
act applicable 
to officers. 


Fifth class 
cities, organ¬ 
ization, 
incorpora¬ 
tion, and gov 
ernraent of. 




224 


MUNICIPAL CORPORATIONS 


Consolidation 
of offices. 


General 
municipal 
election, 
when held. 


Term of 
office. 


Appointive 

officers. 


Election for 
ordinance 
to divide 
administra¬ 
tion into five 
departments. 


Power of 
Board of 
Trustees. 


recorded as required for general ordinances, at least thirty days 
before a general city election at which city officers are to be 
elected, unite and consolidate certain offices by declaring: 

1. The city marshal elected shall be ex officio superintend¬ 
ent of streets, and health officer; 

2. The city clerk elected shall be ex officio recorder and 
assessor; 

3. The city treasurer elected shall be ex officio city tax 
collector and license tax collector; 

4. The city attorney elected shall be ex officio city clerk. 

Sec. 752. Election and terms of office. The members of the 

Board of Trustees, and of the Board of Education, and the city 
clerk, city attorney, assessor, marshal, treasurer, and recorder 
shall be elected by the qualified electors of said city at a gen¬ 
eral municipal election, to be held therein on the second Mon¬ 
day in April, 1903, and on the second Monday in April of each 
fourth year thereafter, and shall hold office for 'the period of 
four years from and after the Monday next succeeding the day 
of such election, and until their successors are elected and 
qualified; provided, that a general municipal election shall be 
held in said city on the second Monday in April, 1905, for the 
election of successors to the members of the Board of Trustees 
and of the Board of Education whose terms of office expire 
during said year, and said successors shall hold office for the 
period of two years from and after the Monday next succeed¬ 
ing the day of such election, and until their successors are 
elected and qualified. The Board of Trustees may in their 
discretion appoint a poundmaster, also a superintendent of 
streets, and a city engineer, all of whom shall hold office 
during the pleasure of the board. (Amendment approved Eeb- 
ruary 26, 1903.) 

Sec. 752a. Election on adoption of commission form of 
government. The Board of Trustees may at any time submit 
to the electors at any municipal or at any special election 
to be held for that purpose, an ordinance to divide the ad¬ 
ministration of the municipality into five departments and pro¬ 
vide for the assignment of its several members to be heads 
of such respective departments and to be appointed as the 
commissioners of such respective departments; provided, that if 
a Department of Public Health be created the commissioner in 
charge may be given the powers' and duties of the Municipal 
Board of Health, and such health board be thereby abolished. 
Such ordinance shall define the duties, powers and responsi¬ 
bilities of each commissioner and may require such commis¬ 
sioner to devote a specified number of hours of each business 
day to the performance of such duties, in which event such 
commissioner may receive a compensation, the amount of 
same to be fixed by said ordinance. The. board may by ma¬ 
jority vote, subject to the provisions of this section, assign 
its several members to be and appoint them as the respective 


MUNICIPAL CORPORATIONS 


225 


commissioners of such several departments, and may by like 
vote from timu to time change suvh assignment and appoint¬ 
ment. It may assign employees to one or more departments, 
may require an officer or employee to perform duties in two 
or more departments, and may make such other rules and 
regulations as may be necessary or proper to the efficient and 
economical conduct of the business of the municipality. The 
substance of the ordinance so proposed shall be printed on the 
ballots used at such election substantially as follows: Shall the 
administration of the municipality be divided into five depart¬ 
ments as follows: (insert the five departments of government 
proposed and briefly designate the powers and duties conferred 
upon each and the compensation each commissioner or head 
of department shall receive), “Yes” and “No” so printed in 
connection therewith that the voters may express their choice. 
The returns of the election shall be canvassed and declared 
as at other municipal elections, and if it appears that a ma¬ 
jority of the votes cast at such election were in favor of the 
ordinance, such ordinance shall take effect and be in force on 
the tenth day thereafter. (New section approved April 10, 
1911.) 

Sec. 752b. Election on question of appointment of city 
officers. The Board of Trustees may submit to the electors 
at any municipal election or at a special election to be held for 
that purpose, the question as to whether the elective officers, or 
any of them, other than trustees, shall be appointed by said 
board, instead of being elected as provided in the preceding 
section. The question so submitted shall be printed on the 
ballots used at such election substantially as follows: “Shall 

the Board of Trustees hereafter appoint the . 

(naming the offices) of the city (or town) of . 

with the words “Yes” and “No” so printed in connection 
therewith that the voters may express their choice. The re¬ 
turns of the election shall be canvassed and declared as at 
other municipal elections, and if it appears that a majority of 
the votes cast on any such proposition were in favor of the 
appointment of such officers or any of them, then at the 
expiration of the terms of office of any such officials then in 
office, and on the occurrence of a vacancy in any such office, 
such elective officers or any of them for the appointment of 
whom such majority vote was so cast, shall thereafter be ap¬ 
pointed by the board of trustees and hold office during the 

pleasure of such board. (New section approved April 10, 
1911.) 

Sec. 754. Vacancies. Any vacancy occurring in any of the 
offices provided for in this act shall be filled by appointment 
by the Board of Trustees; but if such office be elective, such 
appointee shall hold office only until the next regular election, 
at which time a person shall be elected to serve for the re- 

maincler of such unexpired term. In case a member of the 


Ballots, 
form of. 


Canvass of 
returns. 


Board of 
Trustees may 
submit to 
voters 
question 
whether city 
offices shall 
be elective, oi 
appointive 
offices. 


To be filled 
by board of 
trustees. 




226 


MUNICIPAL CORPORATIONS 


Absence from 
city by 
member of 
board, when 
office is to be 
declared 
vacant. 


General 
election laws 
to govern. 


Qualifications 
required 
to vote. • 


Duty of 
Board of 
Trustees. 


Candidate 
for Trustee 
must reside 
in city one 
year. 


Board of Trustees is absent from the city for the period of 
ninety days, unless by permission of the Board of trustees, his 
office shall by the board be declared vacant, and the same filled 
as in case of other vacancies. 

Sec. 755. Compensation. The members of the Board of 1 rus- 
tees shall receive no compensation whatever, except while acting 
as a board of equalization. 

The treasurer, assessor, marshal, clerk and recorder shall 
severally receive at stated times, a compensation to be fixed 
by ordinance, by the Board of Trustees, which compensation 
shall not be increased or diminished after their election, or 
during their several terms of office. 

Nothing herein contained shall be construed to prevent the 
Board of Trustees from fixing such several amounts of com¬ 
pensation in the first instance during the term of office of 
any such officer or after his election. The compensation of 
all other officers shall be fixed from time to time by the Board 
of Trustees. (Amendment approved March 19, 1889, in efifect 
immediately.) 

Sec. 756. Elections, How regulated. All elections in such 
city shall be held in accordance with the general election laws 
of the state, so far as the same may be made applicable, 
and no person shall be entitled to vote at such election unless 
he shall be a qualified elector of the county, enrolled upon 
the great register thereof, and shall have resided in such city 
for at least thirty days next preceding such election. The 
Board of Trustees shall give such notice of each election as 
may be prescribed by ordinance, shall appoint boards of elec¬ 
tion, and fix their compensation, and establish election pre¬ 
cincts and polling places, and may change the same; provided, 
that no part of any ward less than the whole thereof, shall be 
attached to any other ward, or part thereof, in forming 
election precincts. At any municipal election the last printed 
great register of the county shall be used, and any elector 
whose name is not upon such printed register shall be en¬ 
titled to vote, upon producing and filing with the board of 
election a certificate, under the hand and official seal of the 
county clerk, showing that his name is registered and un¬ 
canceled upon the great register of such county, provided, that 
he is otherwise entitled to vote. 

Sec. 757. Eligibility to office. No person shall be eligible 
to hold the office of trustee in such city, unless he be a resi¬ 
dent and elector therein, and shall have resided in such city 
for one year next preceding the date of his election. (Amend¬ 
ment approved April 16, 1913.) 

Sec. 758. Free library. The trustees of any free public library 
created or existing in such city under the provisions of an act 
entitled ‘‘An act to establish free public libraries and reading- 
rooms,’' approved April twenty-sixth, eighteen hundred and 
eighty, shall be elected by the qualified electors of said city, at a 


MUNICIPAL CORPORATIONS 


227 


general municipal election to be held therein on the second 
Monday in April next succeeding the passage and approval of 
this act, and shall hold office for the period of four years from 
and after the .Monday next succeeding the day of such election, 
and until their successors are elected and qualified. In case a 
vacancy shall occur in the office of trustee of such free public 
library and reading-room, the board of trustees of said free pub¬ 
lic library and reading-room shall choose a person to fill such 
vacancy, who shall serve until the next general municipal elec¬ 
tion, when, if the term does not then expire, a person shall be 
elected to serve for the remainder of such unexpired term. 
(Amendment approved April 1, 1897. Stats. 1897, p. 403. In 
efifect immediately.) 

Sec. 762. Rules. The Board of Trustees shall judge of the 
qualifications of its members and of all election returns, and 
determine contested elections of all city officers. They may 
establish rules for the conduct of their proceedings, and punish 
any member, or other person, for disorderly behavior at any 
meeting. They shall cause the clerk to keep a correct journal 
of all their proceedings, and, at the desire of any member, shall 
cause the ayes and noes to be taken on any question, and en¬ 
tered on the journal. 

Sec. 795. School department. From and after the organization 
of each of such cities, the same shall constitute a separate school 
district, which shall be governed by the board of education of 
such city; provided the board of supervisors may include more 
territory in such school district than that included in such city, 
and in that case such outside territory shall be deemed a part 
of such city for the purpose of holding the general municipal 
election, and shall be an election precinct by itself and its quali¬ 
fied electors shall vote only for the board of education, and said 
outside territory shall be deemed to be a part of said city for all 
matters connected with the school department, and the annual 
levying and collecting of the property tax for the school fund. 
(Amendment approved March 10, 1891. Stats. 1891, p. 28.) 


CHAPTER VII. 

MUNICIPAL CORPORATIONS OF THE SIXTH CLASS. 

(A charter for cities and towns having a popidation of not ex¬ 
ceeding 3,000.) 

Sec. 851. Officers. The government of such city or town 
shall be vested in a Board of Trustees, to consist of five members; 
a clerk, who shall be ex-officio assessor; a treasurer; a marshal, 
to be appointed by the Board of Trustees, who shall be ex- 
officio tax^and license collector; a recorder, to be appointed 
by the Board of Trustees; and such subordinate officers as are 
hereinafter provided for. (Amendment approved March 9, 
1911.) 


School 

district. 


Sixth class 
cities, organ¬ 
ization, incor¬ 
poration and 
government of. 



228 


MUNICIPAL CORPORATIONS 


General 
municipal 
election, 
when held. 


Term of 
office. 


Appoint¬ 
ment of 
officers. 


Election for 
ordinance 
to divide 
administration 
into five 
departments. 


Power of 
Board of 
Trustees. 


Sec. 852. Election. Term of officers. The members of the 
Board of Trustees and the clerk and treasurer, shall be elected 
by the qualified electors of said city or town at a general 
municipal election to be held therein on the second Monday 
in April in each even-numbered year. The clerk and treasurer 
shall hold office for the period of two years from and after the 
Monday next succeeding the day of such election, and until 
their successors are elected and qualified. Members of the 
Board of Trustees shall hold office for the period of four years 
from and after the Monday next succeeding the day of such 
election, and until their successors are elected and qualified, 
and in event of resigning shall not vote on the selection and 
appointment of their successors. The respective terms of the 
members of the first Board of Trustees elected under the pro¬ 
visions of this act shall be determined as follows: the two per¬ 
sons elected by the highest number of votes shall hold office 
for four years; and the three persons elected by the lowest 
number of votes shall hold office for two years. In the event 
that two or more persons shall be elected by the same number 
of votes, the term of each shall be fixed by lot. The Board 
of Trustees may, in their discretion, appoint an attorney, a 
poundmaster, a superintendent of streets, a civil engineer, a 
marshal and such police and other subordinate officers as in 
their judgment may be deemed necessary, and fix their com¬ 
pensation, which said officers shall hold office during the 
pleasure of said board. (Amendment approved April 16, 1913.) 

Sec. 852a. Election on adoption of commission form of 
government. The Board of Trustees may at any time submit 
to the electors at any municipal, or at any special election 
to be held for that purpose, an ordinance to divide the ad¬ 
ministration of the municipality into five departments, and 
provide for the assignment of its several members to be the 
heads of such respective departments and to be appointed as 
the commissioners of such respective departments; provided, 
that if a department of public health be created the commis¬ 
sioner in charge may be given the powers and duties of the 
Municipal Board of Health, and such health board be thereby 
abolished. Such ordinance shall define the duties, powers and 
responsibilities of each commissioner and may require such 
commissioner to devote a specified number of hours of each 
business day to the performance of such duties, in which 
event such commissioner may receive a compensation the 
amount of same to be fixed by said ordinance. The board 
may by majority vote, subject to the provisions of this sec¬ 
tion, assign its several members to be and appoint them as 
the respective commissioners of such several departments and 
may by like vote from time to time change such assignment 
and appointment. It may assign employees to one or more 
departments, may require an officer or employee to perform 
duties in two or more departments, and may make such other 
rules and regulations as may be necessary or proper to the 


MUNICIPAL CORPORATIONS 


229 


efficient and economical conduct of the business of the munici¬ 
pality. The substance of the ordinance so proposed shall be 
printed on the ballots used at such election substantially as 
follows: Shall the administration of the municipality be divided 
into five departments as follows: (insert the five departments 
of government proposed and briefly designate the powers and 
duties conferred upon each and the compensation each com¬ 
missioner or head of department shall receive), “Yes” and 
“No” so printed in connection therewith that the voters may 
express their choice. The returns of the election shall be 
canvassed and declared as at other municipal elections and if 
it appears that a majority of the votes cast at such election 
were in favor of the ordinance, such ordinance shall take effect 
and be in force on the tenth day thereafter. (New section ap¬ 
proved April 10, 1911.) 

Sec. 852b. Election on question of appointment of city 
officers. The Board of Trustees may submit to the electors 
at any municipal election, or at a Special election to be held 
for that purpose, the question as to whether the elective officers, 
or any of them, other than trustees, shall be appointed by said 
board, instead of being elected as provided in the preceding 
section. The question so subimtted shall be printed on the 
ballots used at such election substantially as follows: “Shall 

the Board of Trustees hereafter appoint the. 

(naming the offices) of the city (or town) of.,” 

with the words “Yes” and “No,” so-printed in connection there¬ 
with that the voters may express their choice. The returns of 
the election shall be canvassed and declared as at other munici¬ 
pal elections, and if it appears that a majority of the votes 
cast on any such proposition were in favor of the appointment 
of such officers or any of them, then at the expiration of the 
terms of office of any such officials then in office, and on the 
occurrence of a vacancy in any such offices, such elective 
officers or any of them, for the appointment of whom such 
majority vote was so cast, shall thereafter be appointed by the 
Board of Trustees and hold office during the pleasure of such 
board. (New section approved April 10, 1911.) 

Sec, 854. Vacancy in office. How filled. Absence. Any 
vacancy occurring in any of the offices provided for in this 
act shall be filled by appoint by the Board of Trustees; 
but in the event of said Board of Trustees failing to fill such 
vacancy fiy appointment within thirty days after a vacancy 
occurs, they must, if said office be an elective one, immediately 
after the expiration of said thirty days cause an election to be 
held to fill said vacancy; provided, however, that any person 
appointed or elected to fill such vacancy shall hold office 
only until the next regular election, at which time a person 
shall be elected to serve for the remainder of such unexpired 
term. In case a member of the Board of Trustees is absent 
from the city for the period of ninety days, unless by per¬ 
mission of the Board of Trustees, his office shall by the board 


Ballots, 

Form. 


Canvass of 
returns. 


Board of 
Trustees may 
submit to 
voters 

question * 
whether 
sity offices 
shall be 
elective, or 
appointive 
offices. 


Form of 
ballot. 


Absence from 
city by mem¬ 
ber of board, 
when office 
is to be 
declared 
vacant. 




230 


MUNICIPAL CORPORATIONS 


General 
election laws 
to govern. 


Qualifications 
required 
to vote. 


Duty of 
Board of 
Trustees. 


be declared vacant, and the same filled as in case of other 
vacancies. (Amendment approved February 15, 1911; in efifect 
immediately.) 

Sec. 855. Compensation, of trustees. Election to decide, 
Other officers. The members of the Board of Trustees shall 
receive no compensation whatever; provided, that in all such 
cities, the question of whether the members of such board oi 
any of them shall receive any compensation for his services as 
such member and the amounts thereof, may be submitted to 
the qualified electors of such cities at any general election, 
and if a majority of such electors voting at such election shall 
vote in favor thereof, then such trustee or trustees shall re¬ 
ceive the compensation specified in the call submitting such 
question at such election; such compensation to begin on the 
first day of the month next succeeding the canvass of the re¬ 
turn of such election and the amount so fixed shall, from such 
date, be a regular charge against such city, payable the same 
as other fixed salaries arfe paid. Such compensation may be 
increased or diminished at any general election thereafter, by 
submission of such question in the same manner and by the 
same vote as herein provided for the original creation of rmch 
compensation. 

The clerk, treasurer, marshal, and recorder shall severally 
receive, at stated times, a compensation, to be fixed by 
ordinance by the Board of Trustees, which compensation sliall 
not be increased or diminished after their election, or during 
their several terms of office. Nothing herein contained shall be 
construed to prevent the Board of Trustees from fixing such 
several amounts of compensation in the first instance, during 
the term of office of any such officer, or after his election. 
The compensation of all other officers shall be fixed from time 
to time by the Board of Trustees. (Amendment approved 
March 6, 1909; in efifect immediately.) 

Sec. 856. Election provisions. All elections in such city or 
town shall be held in accordance with the general election laws 
of the state, so far as the same may be made applicable; and 
no person shall be entitled to vote at such election unless he 
shall be a qualified elector of the county, enrolled upon the 
great register thereof, and shall have resided in such city for ai 
least thirty days next preceding such election. The Board ol 
Trustees shall give such notice of each election as may be 
prescribed by ordinance, shall appoint Boards of Election,^ and 
fix their compensation, and establish election precincts and 
polling places, and may change the same. At any municipal 
election the last printed great register of the county shall be 
used, and any elector whose name is not upon such printed 
register shall be entitled to vote upon producing and filing 
with the Board of Election a certificate, under the hand and 
official seal of the county clerk, showing that his name is 
registered and uncanceled upon the great register of such 
county; provided, that he is otherwise entitled to vote. 


MUNICIPAL CORPORATIONS 


231 


Sec. 857. Eligibility of trustees. No person shall be eligible 
to hold the office of trustee in such city, unless he be a resident 
and elector therein, and shall have resided in such city for one 
year next preceding the date of his election. (Amendment ap¬ 
proved April 16, 1913.) 


LEGISLATIVE DEPARTMENT. 

Sec. 858. Meetings, organization, etc. The board of trustees 
shall meet on the Monday next succeeding the date of said gen¬ 
eral municipal election, shall take the oath of office, shall choose 
one of their number president, and shall hold regular meetings at 
least once in each month at such time as they shall fix by ordi¬ 
nance, and may adjourn any regular meeting to a date certain, 
which shall be specified in the order of adjournment, and when 
so adjourned, such adjourned meeting shall be a regular meet¬ 
ing for all purposes. Special meetings may be called at any 
tim€ by the president of the board or by three trustees by writ¬ 
ten notice delivered to each member at least three hours before 
the time specified for the proposed meeting; all meetings of the 
board of trustees shall be held within the corporate limits of 
the city at such place as may be designated by ordinance and 
shall be public. (Amendment approved June 3, 1913.) 

Sec. 860. Rules relating to elections. The Board of Trus¬ 
tees shall judge of the qualifications of its members and of all 
election returns, and determine contested elections of all city 
officers. They may establish rules for the conduct of their 
proceedings, and punish any member or other person for dis¬ 
orderly behavior at any meeting. They shall cause the clerk 
to keep a correct journal of all their proceedings, and at the 
desire of any member shall cause the ayes and noes to be 
taken on any question, and entered on the journal. 


CLASSIFICATION OF MUNICIPAL CORPORATIONS. 

(Approved March 2, 1883.) 

Section 1. Classes described. All municipal corporations 
within the state are hereby classified as follows: Those having 
a population of more than 400,000 shall constitute the first 
class; those having a population of more than 250,000 and not 
exceeding 400,000, shall constitute the first and one-half class; 
those having a population of more than 100,000 and not exceed¬ 
ing 250,000, shall constitute the second class; those having a 
population of more than 35,000 and not exceeding 1.00,000 shall 
constitute the second and one-half class; those having a popu¬ 
lation of more than 23,000 and not exceeding 35,000 shall con¬ 
stitute the third class; those having a population of more than 
20,000 and not exceeding 23,000 shall constitute the fourth 
class; those having a population of more than 6,000 and not 
exceeding 20,000, shall constitute the fifth class; those having 
a population of not exceeding 6,000 shall constitute the sixth 


Candidates 
for Trustee 
must reside 
in city 
one year. 




232 


MUNICIPAL CORPORATIONS 


Election to 
reorganize 
under a 
higher or 
lower 
class city. 


Petition. 


class; provided, that nothing herein shall change the classi¬ 
fication of existing cities organized under the municipal corpo¬ 
ration act. (Amendment approved March 24, 1911; in efifect 
immediately.) 

Sec. 2. Determination based on census. For the purpose of 
classifying municipal corporations as in this act provided, 
the population of all municipal corporations within the state 
is hereby determined to be the population of such municipal 
corporations as shown by the federal census taken in the year 
A. D. nineteen hundred and ten; provided, however, that.when¬ 
ever a new federal census is taken, the municipal corporations 
within the state are not, by operation of law, reclassified under 
such census, but shall remain in the old classification until re¬ 
classified by the legislature, unless a direct enumeration of the 
inhabitants thereof be made, as in section 3 of this act provided. 
(Amendment approved February 9, 1911; in efifect immediately.) 

Sec. 3. Question of reorganization. The Council, Board of 
Trustees, or other legislative body of any municipal corpo¬ 
ration, may at any time cause an enumeration of the in¬ 
habitants thereof to be made, and in such manner and under 
such regulations as such body may by ordinance direct. If 
upon such enumeration it shall appear that such municipal cor¬ 
poration contains a sufficient number of inhabitants to en¬ 
title it to reorganize under a higher or lower class, the Common 
Council, Trustees, or other legislative body shall, upon receiv¬ 
ing a petition therefor signed by not less than one-fifth of 
the qualified electors thereof, submit to the electors of 
such city or town, at the next general election to be held 
therein, the question whether such city or town shall re¬ 
organize under the laws relating to municipal corporations 
of the class to which such city or town may belong. And 
thereupon such proceedings shall be had and election held as 
provided in the general law for the reorganization, incorpo¬ 
ration and government of municipal corporations. If a ma¬ 
jority of the votes cast at such election shall be in favor of 
such reorganization, thereafter such officers shall be elected 
as are, or may be, and at the time prescribed by law for munici¬ 
pal corporation of the class having the population under which 
such reorganization is had, and from and after the qualification 
of such officers, such corporation shall belong to such class. 
Whenever the result of such enumeration shall have been de¬ 
clared by the Council, Board of Trustees, or other governing 
body, and entered in the minutes of such body, thereupon the 
number of .such inhabitants so ascertained shall be deemed the 
number of the inhabitants of such city for all the purposes of 
this act, and for the purposes of legislation afifecting munici¬ 
palities. The clerk of the Council, Board of Trustees, or other 
governing body of such city, shall cause a certified copy of 
such minute order to be filed with the Board of Supervisors 
of the county wherein such city is situated. (Amendment ap¬ 
proved March 20, 1899.) 


PENAL CODE 

TITLE IV. 

CRIMES AGAINST THE ELECTIVE FRANCHISE. 

Sec. 40. Persons acting as election officers without ap¬ 
pointment. Any person who acts as an election officer at any 
election, without first having been appointed and qualified as 
such, and any person who, not being an election officer, per¬ 
forms or discharges any of the duties of an election officer, 
in regard to the handling or counting or canvassing of any 
ballots cast at any election, shall be guilty of a felony, and on 
conviction be punished by imprisonment in the State Prison 
for not less than two nor more than seven years. 

Sec. 41 Violation of election laws by certain officers a 
felony. Every person charged with the performance of any 
duty under the provisions of any law of this State relating to 
elections, who willfully neglects or refuses to perform it, or 
who, in his official capacity, knowingly and fraudulently acts 
- in contravention or violation of any of the provisions of such 
laws, is, unless a different punishment for such acts or 
omission is prescribed by this Code, punishable by fine not ex¬ 
ceeding one thousand dollars, or by imprisonment in the State 
Prison not exceeding five years, or by both. 

Sec. 42. Fraudulent registration a felony. Every person 
who willfully causes, procures, or allows himself to be regis¬ 
tered in any register of electors required by law to be made 
or kept, knowing himself not to be entitled to such registration, 
is punishable by imprisonment in the State Prison for not 
less than one nor more than three years. 

Sec. 42a. Allowing fraudulent registration. Every person 
who willfully causes, procures, or allows any other person 
to be registered in any register of electors required by law to 
be made or kept, knowing him not to be entitled to such regis¬ 
tration, is punishable by imprisonment in the State Prison for 
not less than one nor more than three years. 

Sec. 43. Refusal to be sworn by or to answer questions of 
Board of Judges of Election a misdemeanor. Every person 
who, after being required by the Board of Judges at an election, 
refuses to be sworn, or being sworn, refuses to answer any 
pertinent questions propounded by such board touching the 
right of another to vote, is guilty of a misdemeanor. 

Sec. 44. Refusal to obey summons of Board of Election a 
misdemeanor. Every person summoned to appear and testify 
before any Board of Registration, who willfully disobeys such 
summons, is guilty of a misdemeanor. 

Sec. 45. Fraudulent voting, or interference with voting. 
Every person not entitled to vote who fraudulently votes, and 
every person who votes more than once at any one election, or 
knowingly hands in two or more tickets, folded together, or 


Handling or 
counting of 
ballots. 


Election 
officer’s 
refusal to 
perform duty. 


Registering 
when not 
entitled to. 


234 


PENAL CODE 


Mixing other 
ballots with 
ballots law¬ 
fully polled. 


Personating 
another per¬ 
son entitled 
to vote. 


Poll list not 
to be changed. 


Officers of 
election not 
to unfold or 
allow the 
unfolding of 
ballots. 


changes any ballot after the same has been deposited in the 
ballot-box, or adds, or attempts to add, any ballot to those 
legally polled at any election, by fraudulently introducing the 
same into the ballot-box either before or after the ballots therein 
have been counted; or adds to, or mixes with, or attempts to 
add to or mix with, the ballots lawfully polled, other ballots, 
while the same are being counted or canvassed, or at any 
other time, with intent to change the result of such election; 
or carries away or destroys, or attempts to carry away or 
destroy, any poll-lists, or ballots, or ballot-box, for the purpose 
of breaking up or invalidating such election, or willfully de¬ 
tains, mutilates, or destroys any election returns, or in any 
manner so interferes with the officers holding such election 
or conducting such canvass, or with the voters lawfully 
exercising their rights of voting at such election, as to prevent 
such election or canvass from being fairly held and lawfully 
conducted, is guilty of a felony. 

Sec. 46. Attempting to vote when not qualified. Every 
person not entitled to vote, who fraudulently attempts to vote, 
or who, being entitled to vote, attempts to vote more than once 
at any election, or who personates, or attempts to personate, a 
person legally entitled to vote, is punishable by imprisonment 
in the State Prison for not less than one nor more than two 
years. 

Sec. 47. Procuring illegal voting. Every person who pro¬ 
cures, assists, counsels, or advises another to give or offer 
his vote at any election, knowing that the person is not qualified 
to vote, or who aids or abets in the commission of any of the 
offenses mentioned in the preceding section, is punishable by 
imprisonment in the State Prison not exceeding two years. 

Sec. 48. Changing ballots or altering returns by election 
officers, felonies. Every officer or Clerk of Election who aids 
in changing or destroying any poll list, or in placing any 
ballots in the ballot-box, or taking any therefrom, or adds, 
or attempts to add, any ballots to those legally polled at such 
election, either by fraudidently introducing the same into the 
ballot-box before or after the ballots therein have been counted, 
or adds to or mixes with, or attempts to add to or mix with 
the ballots polled any other ballots, while the same are being 
counted or canvassed, or at any other time, with intent to 
change the result of such eletion, or allows another to do so 
when in his power to prevent it, or carries away or destroys, 
or knowingly allows another to carry away or destroy, any 
poll^ list, ballot-box, or ballots lawfully polled, is punishable 
by imprisonment in the State Prison for not less than two' nor 
more than seven years. 

Sec. 49. Officers of election unfolding or marking ballots. 
Every inspector, judge^ or clerk of an election who, previously 
to putting the ballot of an elector in the ballot-box, attempts 
to find out any name on such ballot, or who opens or suffers 


PENAL CODE 


235 


the folded ballot of any elector which has been handed in, 
to be opened or examined previously to putting the same into 
the ballot-box, or who makes or places any mark or device 
on any folded ballot with a view to ascertain the name of any 
person for whom the elector has voted, or who, without the 
consent of the elector, discloses the name of any person which 
such inspector, judge, or clerk has fraudulently or illegally 
discovered to have been voted for by such elector, is punishable 
by a fine of not less than fifty nor more than five hundred 
dollars, or by imprisonment in the county jail for not less than 
thirty days nor more than six months, or by both such fine 
and imprisonment. 

Sec. 49a. Officers of election who cannot read or write 
or refuses to serve, when ineligible. Any person acting as a 
member of any election board, or as a clerk upon such board, 
who cannot read and write the English language, or any per¬ 
son who refuses to act upon such board*, or as a clerk thereof, 
after proper notification of his appointment who is otherwise 
_eligible, unless good and sufficient cause for such refusal is 
shown to the Election Board or Board of Supervisors, is guilty 
of a misdemeanor, and is subject to a fine of five hundred dol¬ 
lars, and upon failure to pay such fine, must be imprisoned in 
the county jail of the county for the period of one day for each 
two dollars of such fine. 

Sec. 50. Forging or altering returns. Every person who 
forges or counterfeits returns of an election purporting to have 
been held at a precinct, town, or ward where no election was 
in fact held, or willfully substitutes forged or counterfeit re¬ 
turns of elections in the place of true returns for a precinct, 
town, or ward where an election was actually held, is punish¬ 
able by imprisonment in the State prison for a term not less 
than two nor more than seven years. 

Sec. 51. Adding to or subtracting from votes cast. Every 
person who willfully adds to, or subtracts from, the votes 
actually cast at an election, in any official or unofficial re¬ 
turns, or who alters such returns, is punishable by imprisonment 
in the State prison for not less than one nor more than five 
years. 

Sec. 51a. Felony to Sign Fictitious Name to Initiative, Ref¬ 
erendum or Recall Petitions. Every person who subscribes to 
any initiative, referendum or recall petition or to any nominat¬ 
ing petition a fictitious name, or who subscribes thereto the 
name of another, is guilty of a felony and punishable by im¬ 
prisonment in the State Prison for not less than one nor more 
than‘fourteen years. (Approved April 12, 1915). 

Sec. 52. Persons aiding, abetting or concealing guilty of 
felony. Every person who aids or abets in the commission 
of any of the offenses mentioned in the four preceding sections 
is punishable by imprisonment in the county jail for the period 
of six months, or in the State prison not exceeding two years. 


Refusal to 
serve as 
election 
officer. 


Precincts 
where no 
election was 
held, counter¬ 
feiting 
returns. 


Betting on 
election. 


236 


PENAL CODE 


Attempting 
to bribe or 
influence 
voters by 
means of 
threats. 


Compensating 
persons for 
voting. 


Circulating 

hand-bills. 


Agreement to 
vote, or not 
to vote. 


Sec. 53. Intimidating, corrupting, deceiving, or defrauding 
electors a felony. Every person who, by force, threats, 
menaces, bribery, or any corrupt means, either directly or in¬ 
directly, attempts to influence any elector in giving his vote, 
or to deter him from giving the same; or attempts by any 
means whatever to awe, restrain, hinder, or disturb any elector 
in the exercise of the right of suffrage, or furnishes any elector 
wishing to vote, who cannot read, with a ticket, informing or 
giving such elector to understand that it contains a. name 
written or printed thereon, different from the name which is 
written or printed thereon, or defrauds, any elector at any 
such election by deceiving and causing such elector to vote for 
a different person for any office than he intended or desired 
to vote for; or who, being inspector, judge or clerk of any 
election, while acting as such, induces or attempts to induce 
any elector, either by menace or reward, or promise thereof, 
to vote differently from what such elector intended or desired 
to vote, is guilty of felony. 

Sec. 54. Furnishing money for elections except for specific 
purposes. Every person who, with intent to promote the 
election of himself or any other person, either: 

1. Furnishes entertainment at his expense to any meeting 
of electors previous to or during an election; 

2. Pays for, procures or engages to pay for any such enter¬ 
tainment ; 

3. Furnishes or engages to pay or deliver any money 
or property for the purpose of procuring the attendance of 
voters at the polls, or for the purpose of compensating any 
person for procuring attendance of voters at the polls, except 
for the conveyance of voters who are sick or infirm; 

4. Furnishes or engages to pay or deliver any money or 
property for any purpose intended to promote the election 
of any candidate, except for the expenses of holding and con¬ 
ducting public meetings for the discussion of public questions 
and of printing and circulating ballots, hand-bills, and other 
papers previous to such election;—Is guilty of a misdemeanor. 

Sec. 54a. Receiving or contracting for any money or thing 
of value for voting or not voting. It is unlawful for any 
person, directly, by himself, or through any other person: 

1. To receive, agree, or contract for, before or during an 
election, any money, gift, loan, or other valuable consider¬ 
ation, office, place, or employment, for himself or any other 
person, for voting or agreeing to vote, or for coming or agree¬ 
ing to come to the polls, or for refraining or agreeing to re¬ 
frain from voting, or for voting or agreeing to vote, or refrain¬ 
ing or agreeing to refrain from voting, for any particular person 
or persons at any election; 

2. To receive any money, or other valuable thing, during 
or after an election, on account of himself or any other person 
having voted, or refrained from voting, for any particular 


PENAL CODE 


237 


person or persons at such election, or on account of himself 
or any other person having come to the polls or remained away 
from the polls at such election, or on account of having induced 
any other person to vote or refrain from voting, or to vote 
or refrain from voting for any particular person, or persons, or 
to come to or remain away from the polls at such election; 

3. To receive any money or other valuable thing, before, 
during, or after election, on account of himself or any other 
person having voted to secure the election or indorsement of 
any other person as the nominee or candidate of any con¬ 
vention, organized assemblage or delegates, or other body 
representing, or claiming to represent, a political party or 
principle, or any club, society, or association, or on account of 
himself or any other person having aided in securing the 
selection or indorsement of any other person as a nominee or 
candidate as aforesaid. 

Every person who commits any of the of¥enses mentioned in 
this section is punishable by imprisonment in the State prison 
for not less than one nor more than seven years. 

Sec. 54b. Promising or contributing any money or valuable 
consideration for a person’s voting or not voting. It is un¬ 
lawful for any person, directly or indirectly, by himself or 
through any other person: 

1. To pay, lend, or contribute, or offer or promise to 
pay, lend or contribute, any money or other valuable con¬ 
sideration to or for any voter, or to or for any other person, 
to induce such voter to vote or refrain from voting at any 
election, or to induce any voter to vote or refrain from voting 
at such election for any particular person or persons, or to 
induce such voter to come to the polls or remain away from 
the polls at such election, or on account of such voter having 
voted or refrained from voting, or^ having voted or refrained 
from voting for any particular person, or having come .to the 
polls or remained away from the polls at such election; 

2. To give, offer, or promise any office, place, or employ¬ 
ment, or to promise to procure, or endeavor to procure, any 
office, place or employment to or for any voter, or to or for 
any other person, in order to induce such voter to vote or re¬ 
frain from voting at any election, or to induce any voter to 
vote or refrain from voting at such election for any particular 
person or persons; 

3. To make any gift, loan, promise, offer, procurement, or 
agreement, as aforesaid, to, for, or with any person, in order 
to induce such person to procure, or endeavor to procure, the 
election of any person, or the vote of any voter at any election; 

4. To procure, engage, promise, or endeavor to procure, in 
consequence of any such gift, loan, offer, promise, procure¬ 
ment, or agreement, the election of any person, or the vote 
of any voter at such election; 


Compensating 
for indorse¬ 
ment of 
candidates. 


Loaning 
money to in¬ 
duce voter to 
vote, or 
refrain from 
voting. 


Promising 
office or 
employment. 


238 


PENAL CODE 


Advancing 
money for 
boarding or 
lodging with 
intent to 
induce person 
to vote. 


Paying money 
for selecting 
candidate. 


Penalty. 


5. To advance or pay, or cause to be paid, any money or 

other valuable thing to or for the use of any other person, 

with the intent that the same, or any part thereof, shall be 

used in bribery at any election; or to knowingly pay, or cause 
to be paid, any money or other valuable thing to any person 
in discharge or repaynYent of any money, wholly or in part, 
expended in bribery at any election; 

6. To advance or pay, or cause to 'be paid, any money or 

other valuable thing to or for the use of any other person, 

with the intent that the same, or any part thereof, shall be 

used for boarding, lodging, or maintaining a person at any 
place or domicile in any election precinct, ward, or district, with 
intent to secure the vote of such person, or to induce such 
person to vote for any particular person or persons at any 
election; 

7. To advance or pay, or cause to be paid, any money or 
other valuable thing to or for the use of any other person, with 
the intent that the same, or any part thereof, shall be used to 
aid or assist any person to evade arrest, who is charged with 
the commission of a crime against the elective franchise, for 
which, if the person were convicted, the punishment would be 
imprisonment in the State prison; 

8. To advance or pay, or cause to be paid, any money or 
other valuable thing, to or for the use of any other person, in 
consideration of being selected or indorsed as the candidate of 
any convention, organized assemblage of delegates, or other 
body representing, or claiming to represent, a political party 
or principle, or any club, society, or association, for a public 
office, or in consideration of the selection or indorsement of 
any other person as a candidate for a public office, or in con¬ 
sideration of any member of a convention, club, society, or 
association having voted to. select or indorse any person as a 
candidate for a public office, except that a candidate for nom¬ 
ination to a public office may contribute such proportion of the 
cost and expense of holding a primary election as is authorized 
by the Political Code of this State, and no more; 

9. To advance or pay, or cause to be paid, any money or 
other valuable thing to or for the use of any other person, in 
consideration of a person withdrawing as a candidate for a 
public office. 

Every person who commits any of the offenses mentioned 
in this section is punishable by imprisonment in the State 
Prison for not less than one year nor more than seven years. 

Sec. 55. Unlawful offers to procure offices for electors. Every 
person who being a candidate at any election, offers or agrees 
to appoint, or procure the appointment of any particular person 
to office, as an inducement or consideration to any person to 
vote for or to procure or aid in procuring the election of the 
candidate, is guilty of a misdemeanor. 


PENAL CODE 


239 


Sec. 55a. Soliciting or demanding that a candidate vote for or Soliciting 
against any measure or bill. Any person, either individually or voteK^'' 
as an officer or member of any committee or association, who 
^ solicits or demands of any candidate for the legislature, super- measm-es. 
visor, school director, or for any legislative body, that he shall 
vote for or against any particular bill or measure which may 
come before such body to which he may be elected, and any 
candidate for any of such offices who signs or gives any pledge 
that he will vote for or against any particular bill or measure 
that may be brought before any such body, is guilty of a mis¬ 
demeanor ; and any candidate convicted under the provisions of 
this section is, in addition, disqualified from holding the office 
to which he may have been elected. The provisions of this 
section do not apply to any pledge or promise that any such 
candidate may give to a convention by which he may be nom¬ 
inated for any such office, or to those who sign a certificate for 
his nomination. 

Sec. 56. Communicating such offer. Every person, not being 
a candidate, who communicates any offer made in violation of 
the last section to any person with intent to induce him to 
vote for, or to procure or aid in procuring the election of the 
candidate making the offer, is guilty of a misdemeanor. 

Sec. 57. Giving or offering bribes to members of Legislative . 
caucus, etc. Every person who gives or offers a bribe to any bribes at 
officer or member of any legislative caucus, political conven- gatSngs 
tion, committee, primary election, or political gathering of any 
kind, held for the purpose of nominating candidates for offices 
of honor, trust or profit, in this State, with intent to influence 
the person to whom such bribe is given or offered to be more 
favorable to one candidate than another, and every person, 
member of either of the bodies in this section mentioned, who 
receives or offers to receive any such bribe, is punishable by 
imprisonment in the State Prison not less than one nor more 
than seven years. 

Sec. 57a. Officers of election aiding in wrong-doing. Every 
officer or clerk of election who aids in changing or destroying wrongLiiiy 
any poll-list or official ballot, or in . wrongfully placing any piSg^baiiot 
ballots in the ballot-box, or in taking any therefrom, or adds in baiiot-box. 
or attempts to add, any ballots to those legally polled at such 
election, either by fraudulently introducing the same into the 
ballot box, before or after the ballots therein have been counted, 
or adds to or mixes with, or attempts to add to or mix with, 
the ballots polled, any other ballots, while the same are being 
counted or canvassed, or at any other time, with intent to 
change the result of such election, or allows another to do so, 
when in his power to prevent it, or carries away or destroys, 
or knowingly allows another to carry away or destroy, any 
poll-list, ballot-box, or ballots lawfully polled, is punishable by 
imprisonment in the state prison for not less than two nor 
more than seven years. 


240 


PENAL CODE 


Intimidating 
person to 
influence 
vote. 


Political 
mottoes not 
to be printed 
upon pay 
envelopes. 


Accepting 

wagers. 


See. 58. Preventing public meetings. Every person who, by 
threats, intimidations, or unlawful violence, willfully hinders 
or prevents electors from assembling in public meeting for the 
consideration of public questions, is guilty of a misdemeanor. 

Sec. 59. Force, violence, or restraint used to influence vote. 
It is unlawful for any person, directly or indirectly, by himself 
or any other person in his behalf, to make use of, or threaten to 
make use of, any force, violence, or restraint, or to inflict or 
threaten the infliction, by himself or through any other person, 
of any injury, damage, harm, or loss, or in any manner to prac¬ 
tice intimidation upon or against any person, in order to induce 
or compel such person to vote or refrain from voting at any 
election, or to vote or refrain from voting for any particular 
person or persons at any election, or on account of such person 
or persons at any election, or on account of such person having 
voted or refrained from voting at any election. And it is unlaw¬ 
ful for any person, by abduction, duress, or any forcible or 
fraudulent device or contrivance whatever, to impede, prevent, 
or otherwise interfere with the free exercise of the elective 
franchise by any voter; or to compel, induce, or prevail upon 
any voter either to give or refrain from giving his vote at any 
election, or to give or refrain from giving his vote for any par¬ 
ticular person or persons at any election. It is not lawful for 
any employer, in paying his employes the salary or wages due 
them, to inclose their pay in ‘‘pay-envelopes” upon which there 
is written or printed the name of any candidate, or any political 
mottoes, devices, or arguments containing threats, express or 
implied, intended or calculated to influence the political opinions 
or actions of such employes. Nor is it lawful for any employer, 
within ninety days of any election, to put up or otherwise 
exhibit in his factory, workshop, or other establishment or place 
where his workmen or employes may be working, any hand-bill 
or placard containing any threat, notice, or information, that 
in case any particular ticket of a political party, or organization, 
or candidate shall be elected, work in his place or establishment 
will cease, in whole or in part, or his place of establishment be 
closed up, or the salaries or wages of his workmen or employes 
be reduced, or other threats, express or implied, intended or 
calculated to influence the political opinions or actions of his 
workmen or employes. This section applies to corporations 
as well as individuals, and any person or corporation violating 
the provisions of this section is guilty of a misdemeanor, and 
any corporation violating this section shall forfeit its charter. 

Sec. 60. Betting on elections. Every person who makes, 
offers or accepts any bet or wager upon the result of any elec¬ 
tion, or upon the success or failure of any person or candidate, 
or upon the number of votes to be cast either in the aggregate 
or for any particular candidate, or upon the vote to be cast by 
any person, is guilty of a misdemeanor. 


PENAL CODE 


241 - 


Sec. 61. Violation of election laws by persons not officers. 

Every person who willfully violates'any of the provisions of 
the laws of this State relating to elections is, unless a different 
punishment for such violation is prescribed by this Code, pun¬ 
ishable by a fine not exceeding one thousand dollars, or by 
imprisonment in the State Prison not exceeding five years, or 
by both. 

Sec. 62. Violation of election laws as to tickets. Every person 
who prints any ticket not in conformity with the provisions of 
chapter eight of title two of part three of the Political Code, or 
who circulates or gives to another any ticket, knowing at the 
time that such ticket does not conform to the provisions of 
chapter eight of title two of part three of the Political Code, 
is guilty of a misdemeanor. 

Sec. 62a. Circulation of anonymous circulars referring to 
political candidates, a misdemeanor. Every person who inten¬ 
tionally writes, prints, posts, or distributes, or causes to be 
written, printed, posted, or distributed, any circular, pamphlet, 
letter, or poster which is designed or intended to injure or de¬ 
feat any candidate for nomination or election to any public 
office by reflecting upon his personal character or political 
action, unless there appears upon such circular, pamphlet, let¬ 
ter, or poster, in a conspicuous place, either the name of the 
Chairman and Secretary or the names of two officers at least 
of the political or other organization issuing the same, or the 
name and residence, with the street and number thereof, if any, 
of some voter of this State, and responsible therefor, shall be 
guilty of a mrsdemeanor. 

Sec. 62b. Printer must put imprint on printed matter. Every 
person who prints any circular, pamphlet, letter, or poster of 
the kind or character mentioned in section 62a of this Code, 
without adding thereto his name, showing the printing office 
at which the same was printed, is guilty of a misdemeanor. 

Sec. 63. United States Senators, candidates for, must not 
give or promise pecuniary aid to legislative candidates. Every 
candidate for United States Senator at an approaching session 
of the legislature, and every person acting for or on behalf of 
any such candidate for Senator in the Congress of the United 
States at an approaching session of the legislature, who shall 
advance or give or loan, or promise to advance or give or loan, 
any money or property to any candidate for the legislature, 
before or after his nomination, or before or after his election, 
under an express or implied, promise that such candidate for the 
legislature (whether nominated or not, or before or after his 
election) will support or vote for such candidate for Senator in 
the Congress of the United States at an approaching session of 
the legislature, shall be deemed guilty of a felony. The advanc¬ 
ing, giving or loaning of money or property, or the promise to 
advance, give, or loan money or property to any candidate for 
the legislature, by any candidate for Senator as aforesaid, or 
by any person for him, or on his behalf, as aforesaid, shall be 


Penalty. 


Printing 
ballots not 
in conformity 
with the law. 


Distributing 

anonymous 

circulars. 


Printing 
matter to 
show imprint. 


242 


PENAL CODE 


Accepting 
valuable con¬ 
sideration 
from candi¬ 
date for Sen¬ 
ator in 
Congress in 
U. S. 


Saloons to be 
closed during 
elections. 


Primary 
election, pun¬ 
ishment 
against 
offenses. 


deemed prima facie proof of an express or implied agreement 
that such candidate for the legislature will, if elected to the 
legislature, vote for such candidate for Senator in Congress. 

Sec. 63 %. Members of legislature shall not accept any valu¬ 
able consideration. Every person being a member-elect of the 
legislature, and every person being a candidate for the legis¬ 
lature, and every person being a candidate for nomination for 
the legislature, who shall accept any money or property from 
any candidate for Senator in the Congress of the United States 
before the legislature at an approaching session thereof, or from 
any other person acting for or on behalf of any such candidate 
for Senator in the Congress of the United States at an approach¬ 
ing session of the legislature, under an express or implied prom¬ 
ise that such member-elect of the legislature, or such candidate 
for the legislature, or candidate for nomination for the legis¬ 
lature, will, if elected as a member of the legislature, support 
or vote for any such candidate for Senator in the Congress of 
the United States for that office, shall be deemed guilty of a 
felony. The receipt of money or property by any member-elect 
of the legislature and by any candidate for the legislature, and 
by any candidate for nomination for the legislature, from any 
candidate before the legislature for Senator in Congress at an 
approaching session of the legislature as aforesaid, or from 
any person acting for or on behalf of any such candidate for 
Senator in Congress as aforesaid, shall be prima facie proof 
of an express or implied agreement that such member-elect of 
the legislature will vote for such candidate for Senator as afore¬ 
said, and that such candidate, or candidate for nomination for 
the legislature, will, if elected, vote for such candidate for Sen¬ 
ator as aforesaid. 

Sec. 63b. Sale of intoxicants on election days. Every person 
keeping a public house, saloon, or drinking place, whether 
licensed or unlicensed, who sells, gives away, or furnishes spirit¬ 
uous or maltdiquors, wine, or any other intoxicant, on any part 
of any day set apart for any general or special election, in any 
election district or precinct in any county of the State where an 
election is in progress, during the hours when by law the polls 
are required to be kept open, is guilty of a misdemeanor. 

Sec. 64. No prosecution against witnesses testifying in election 
cases. No person otherwise competent as a witness, shall be 
disqualified or excused from testifying concerning any of the 
offenses enumerated and prescribed in this title, on the ground 
that such testimony may criminate himself; but no prosecution 
can afterwards be had against such witness for any such offense 
concerning which he testified for the prosecution. 

Sec. 64^4. Punishment of offenses against primary election 
laws. All the provisions of sections forty to sixty-four of this 
Code, both inclusive, shall apply with like force and effect to 
elections, known and designated as primary elections, held and 
conducted under official supervision pursuant to law and to 
registration therefor, as to other elections, whether the word 


PENAL CODE 


243 


“primary” be used in connection with the word “election” or 
“elections” used in said sections or not. 

Misrepresentation or Fraud in Initiative, Referendum or Recall 
Petitions and Prescribing a Penalty Therefor. 

Sec. 64b. 1. It shall be unlawful for any person circulating, 

as principal or agent, or having charge or control of the circu¬ 
lation of, or obtaining signatures to, any petition authorized or 
provided for by the Constitution or laws of the State of Cali¬ 
fornia regulating the initiative, referendum or recall to misrep¬ 
resent or make any false statement concerning the contents, 
purport or effect of any such petition to any person who signs, 
or who desires to sign, or who is requested to sign, or who 
makes inquiries with reference to any such petition, or to whom 
any such petition is presented for his or her signature. 

2. It shall be unlawful for any person to wilfully or knoW' 
ingly circulate, publish or exhibit any false statement or mis¬ 
representation concerning the contents, purport or effect of 
any petition mentioned in this section for the purpose of ob¬ 
taining any signature to any such petition or for the purpose 
of persuading any person to sign any such petition. 

3. It shall be unlawful for any person to file in the office of 
the Clerk or other officer provided by law to receive such filing, 
any petition mentioned in this section to which is attached, 
appended or subscribed any signature which the person so fil¬ 
ing such petition knows to be false or fraudulent or not the 
genuine signature of the person purporting to sign such petition 
or whose name is attached, appended or subscribed thereto. 

4. It shall be unlawful for any person to circulate, or cause 
to be circulated, any petition mentioned in this section, know¬ 
ing the same to contain false, forged or fictitious names. 

5. It shall be unlawful for any person to make any false 
affidavit concerning any petition mentioned in this section or 
the signatures appended thereto. 

6. It shall be unlawful for any public official or employee 
knowingly to make any false return, certification or affidavit, 
concerning any petition mentioned in this section, or the signa¬ 
tures appended thereto. 

7 . It shall be unlawful for any person to knowingly sign his 
own name more than once to any petition mentioned in this 
act, or to sign his name to any such petition knowing himself 
at the time of such signing not to be qualified to sign the same. 

8. Any person, either as principal or agent, violating any of 
the provisions of this section is punishable by imprisonment in 
the State Prison, or in a county jail, not exceeding two years, 
or by fine not exceeding five thousand dollars, or by both. 

(Approved April 12, 1915). 




w 


t 


■04:: 


• 4 


^ t V 


? ' 


►sr.’!H 1 




* *.\ 


1 


\- 


/ -* 


..' 5.; r: <. nilo ^ . 
t a Hfuci --j bne 


I ...>3 


r 

r : ". 


< j' • ^ « • 

- 




iV 4 ■ 


J 


»«• 




t 

- ' 


.r'.*:;^/'> r .^ [V"-:‘f 
•' ’ <Jr^: ‘'fy, ii-^Vrr.T->' 


* •> # 

‘ # ^4 •■ • ' ' I 

« ^ * i « .1 


l.Mt' •." If Si!-' 


t t 


t • I * 


*;»4 

' • r ^ *» 


Mr 




^ /• 


'i' > 'irf r ■; 


" L‘ > 


- I •>;■ lli. >>i 't ' •'.♦•' '■ .: 


♦ ' f* ' 

* i t I j 


V > ^ ' * < if ' * 


• ■. • M '•* ^ 




*-^1J iIL1 .r-*'.w t ‘'* 

■. -i.i*;*/V (ii:* •'*■ ■ ; 

I 


■ J ' ’ 

I 


• * r r 


( 

• w - > 


;-.;:.l-'::''. i-. ) 

' • -v^'t Y' : 

-' Ifji '''iv'* : : • ijv'Aii'; _ 




r*s 


ti: 


} 


"'(i >*!*•■ 


.i ' 


. . 



♦, 


\ 




«i • < ■ 

^ t J • 


I 

Ml’ 


• 1 t 




\ 


» , t 


f M 


■ -;•?•; 

. lit.. 

% 

-:!ii. jr- 

4 

f*r ;: 

' ?\U 


/ 


i. . 


. t 

= **i 


•’. - I 

t 


't ■ f 




li^ 


k > 

. ' I 


• T’ 


t t . 




u 


• r 

i' I 


t ‘ . 


.)‘t- '• 


'll} 




r':M 




^ 'r:< 


i 


.hi 


vr. 


/ ■ •; -• 


; ij ' 


• ^ 


\}i 


♦ 


:.i 


• ♦ • 1- I 

4- • M ^1 ■ . 


. J 


*■- 

u- 


«lr! . f, 




9^1 fi', 


■ n: ’I'► Jf!'.‘'I 

4 

■’:i4-v: i! • t;^ 

.f'iS >1 ;' ■! ’(..,' 

"• . '-J • U"*^: "j ■ '1 •■'' 

■; ! • ■; H.'-* li' i':;' '. 


' p i.n •[ ^ 


t - 


N 




■-i 


* i 


rf 


.• ; 


MfH -3 


■ : =* f: 

' Vf-l , 

• fi .-1 
’ t-4^ 

K;i.. 

• * • • • 


4* 


. 4 


^^1 » 




’. - i >S ? ' Ml /.* *1!! ■/?» 




-If’ j 


/-.;:5'.. r , 
) i , f I i J f 


UK. 


: t .>i 




i JU‘ 3: ! ' 


: \: 


i]yi vji 

4 


't 

t 


*•1 

,tr 


V^’T'h 


^ tt: 


I >4 S’ 




{ M. •*.■ 


'iMi-Nf -r 


I 


4 . 


; 


> *^'f 

N 


I . 


t' ? • « 
> • - 


l‘J 


- ♦ 




^ - ,• 

. • I 


r 


I i • • • 
f . 


i' ; i J/ i'' ■ 

Vi ' f'l''- -' 


- a*r VM 

A ‘ 




,If|,- . 


', V 

> ’ 

A— 1 


.i f>(v 


r. ■ 


■^'1 


s-rry 


I 

; { } - •!»[•.** 

' ‘ ' i' ‘ U M ^ ^ * •' 


. /5 • ' • . i - ’\i • w - - - . 

,-' V*’.'^'^’■;:3rTiKi-,»'-:K' ..w i't 

.-VTiJUoh. 




* I t 


I f » 


/ 

t. 




. 1 ^M -lA 


>'i 


-h‘1 

• » ^9 


*■ 4 


v : U r: . 


.■9- 


‘ *■ 


hp*' ' •'V'i > 
>■': ' ■ 


.•^r^'f 'A 


4 

a 

‘ A 



• 1 I V 


^ r - 




NATURALIZATION LAWS 


Act of June 29, 1906, as amended March 4, 1909, and as amended 
in Sections 4 and 13 by the Act of Congress Approved 
June 25, 1910. 


An Act to establish a Bureau of Immigration and Naturaliza¬ 
tion, and to provide for a uniform rule for the naturaliza¬ 
tion of aliens throughout the United States, 

(34 Stat. L., Part 1, p. 596). 


Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the designation 
of the Bureau of Immigration in the Department of Commerce and Labor 
is hereby changed to the “Bureau of Immigration and Naturalization,” 
which said Bureau, under the direction and control of the Secretary of 
Commerce and Labor, in addition to the duties now provided by law, 
shall have charge of all matters concerning the naturalization of aliens. 
That it shall be the duty of the said Bureau to provide, for use at the 
various immigration stations throughout the United States, books of 
record, wherein the commissioners of immigration shall cause a registry 
to be made in the case of each alien arriving in the United States from 
and after the passage of this Act of the name, age, occupation, personal 
desription (including height, complexion, color of hair and eyes), the 
place of birth, the last residence, the intended place of residence in the 
United States, and the date of arrival of said alien, and, if entered 
through a port, the name of the vessel in which he comes. And it 
shall be the duty of said commissioners of immigration to cause to be 
granted to such alien a certificate of such registry, with the particulars 
thereof. 

Sec. 2. That the Secretary of Commerce and Labor shall provide the 
said Bureau with such additional furnished offices within the City of 
Washington, such books of record and facilities, and such additional 
assistants, clerks, stenographers, typewriters and other employees as 
may be necessary for the proper discharge of the duties imposed by 
this Act upon such Bureau, fixing the compensation of such additional 
employees until July first, nineteen hundred and seven, within the ap¬ 
propriations made for that purpose. 

S'ec. 3. That exclusive jurisdiction to naturalize aliens as citizens of 
the United States is hereby conferred upon the following specified 
courts: 

United States circuit and district courts now existing, or which may 
hereafter be established by Congress in any State, United States district 
courts for the Territories of Arizona, New Mexico, Oklahoma, Hawaii, 
and Alaska, the supreme court of the District of Columbia, and the United 
States courts for the Indian Territory; also all courts of record in any 
State or Territory now existing, or which may hereafter be created, hav¬ 
ing a seal, a clerk, and jurisdiction in actions at law or equity, or law 
and equity, in which the amount in controversy is unlimited. 

That the naturalization jurisdiction of all courts herein specified, State, 
Territorial, and Federal, shall extend only to aliens resident within the 
respective judicial districts of such courts. 

The courts herein specified shall, upon the requisition of the clerks of 
such courts, be furnished from time to time by the Bureau of Immigra¬ 
tion and Naturalization with such blank forms as may be required in 
the naturalization of aliens, and all certificates of naturalization shall 
be consecutively numbered and printed on safety paper furnished by 
said bureau. 


Exclusive 
jurisdiction 
to naturalize 
aliens. 


Certificates 
of Natural¬ 
ization to 
be printed 
on safety 
paper. 



246 


N ATU K A LIZ ATI OX LAW S 


How aliens 
are permitted 
to become 
citizens. 


Vessel and 
port of 
arrival to be 
named. 


Children, day, 
month, and 
year of birth, 
to be stated 
on petitions. 


Anarchists, 

citizenship 

denied. 


Sec. 4. That an alien may be admitted to become a citizen of the 
United States in the following manner and not otherwise: 

First. He shall declare on oath before the clerk of any court author¬ 
ized by this act to naturalize aliens, or his authorized deputy, in the 
district in which such alien resides, two years at least prior to his 
admission, and after he has reached the age of eighteen years, that it 
is bona fide his intention to become a citizen of the United States, and 
to renounce forever all allegiance and fidelity to any foreign prince, 
potentate, state, or sovereignty, and particularly, by name, to tlie 
prince, potentate, state, or sovereignty of which the alien may be at 
the time a citizen or subject. And such declaration shall set forth the 
name, age, occupation, personal description, place of birth, last for¬ 
eign residence and allegiance, the date of arrival, the name of the 
vessel, if any, in which he came to the United States, and the present 
place of residence in the United States of said alien: Provided, how¬ 
ever, That no alien who, in conformity with the law in force at the 
date of his declaration, has declared his intention to become a citizen 
of the United States shall be required to renew such declaration: 
Provided, further. That any person belonging to the class of persons 
authorized and qualified under existing law to become a citizen of the 
United States who has resided constantly in the United States dur¬ 
ing a period of five years next preceding May first, nineteen hundred 
and ten, who, because of misinformation in regard to his citizenship 
or the requirements of the law governing the naturalization of citi¬ 
zens has labored and acted under the impression that he was or could 
become a citizen of the United States and has in good faith exercised 
the rights or duties of a ditizen or intended citizen of the United States 
because of such wrongful information and belief may, upon making a 
showing of such facts satisfactory to a court having jurisdiction to 
issue papers of naturalization to an alien, and the court in its judg¬ 
ment believes that such person has been for a period of more than five 
years entitled upon proper proceedings to be naturalized as a citizen 
of the United States, receive from the said court a final certificate of 
naturalization, and said court may issue such certificate without re¬ 
quiring pi oof of former declaration by or on the part of such person of 
their intention to become a citizen of the United States, but such ap¬ 
plicant for naturalization shall comply in all other respects with the 
law relative to the issuance of final papers of naturalization to aliens.* 

Second. Not less than two years nor more than seven years after he 
has made such declaration of intention he shall make and file, in dupli¬ 
cate, a petition in writing, signed by the applicant in his own hand¬ 
writing and duly verified, in which petition such applicant shall state 
his full name, his place of residence (by street and number, if possi¬ 
ble), his occupation, and, if possible, the date and place of his birth; 
the place from which he emigrated, and the date and place of his 
arrival in the United States, and, if he entered through a port, the 
name of the vessel on which he arrived; the time when and the place 
and name of the court where he declared his intention to become a 
citizen of the United States; if he is married he shall state the name 
of his wife and, if possible, the country of her nativity and her place 
of residence at the time of filing his petition; and if he has children, 
the name, date, and place of birth and place of residence of each child 
living at the time of the filing of his petition: Provided, That if he 
has filed his declaration before the passage of this act he shall not be 
required to sign the petition in his own handwriting. 

The petition shall set forth that he is not a disbeliever in or op¬ 
posed to organized government, or a member of or affiliated with any 
organization or body of persons teaching disbelief in or opposed to 
organized government, a polygamist or believer in the practice of 
polygamy, and that it is his intention to become a citizen of the 
United States and to renounce absolutely and forever all allegiance 
and fidelity to any foreign prince, potentate, state, or sovereignty, and 
particularly by name to the prince, potentate, state, or sovereignty of 


NATURALIZATION LAWS 


247 


which he at the time of filing of his petition may be a citizen or sub¬ 
ject, and that it is his intention to reside permanently within the 
United States, and whether or not he has been denied admission as a 
citizen of the United States, and, if denied, the ground or grounds of 
such denial, the court or courts in which such decision was rendered, 
and that the cause for such denial has since been cured or removed, 
and every fact material to his naturalization and required to be proved 
upon the final hearing of his application. 

The petition shall also be verified by the affidavits of at least two 
credible witnesses, who are citizens of the United States, and who 
shall state in their affidavits that they have personally known the 
applicant to be a resident of the United States for a period of at 
least five years continuously, and of the State, Territory, or district 
in which the application is made for a period of at least one year 
immediately preceding the date of the filing of his petition, and that 
they each have personal knowledge that the petitioner is a person of 
good moral character, and that he is in every way qualified, in their 
opinion, to be admitted as a citizen of the United States. 

At the time of filing his petition there shall be filed with the clerk 
of the court a certificate from the Department of Commerce and Labor, 
if the petitioner arrives in the United States after the passage of this 
act, stating the date, place and manner of his arrival in the United 
States, and the declaration of intention of such petitioner, which certifi¬ 
cate and declaration shall be attached to and made a part of said 
petition. 

Third. He shall, before he is admitted to citizenship, declare on oath 
in open court that he will support the Constitution of the United 
States, and that he absolutely and entirely renounces and abjures all 
allegiance and fidelity to any foreign prince, potentate, state, or 
sovereignty, and particularly by name to the prince, potentate, state, 
or sovereignty of which he was before a citizen or subject; that he 
will support and defend the Constitution and laws of the United States 
against all enemies, foreign and domestic, and bear true faith and 
allegiance to the same. 

Fourth. It shall be made to appear to the satisfaction of the court 
admitting any alien to citizenship that immediately preceding the 
date of his application he has resided continuously within the United 
States five years at least, and within the State or Territory where 
such court is at the time held one year at least, and that during that 
time he has behaved as a man of good moral character, attached to 
the principles of the Constitution of the United States, and well dis¬ 
posed to the good order and happiness of the same. In addition to 
the oath of the applicant, the testimony of at least two witnesses, citi¬ 
zens of the United States, as to the facts of residence, moral character, 
and attachment to the principles of the Constitution shall be required, 
and the name, place -of residence, and occupation of each witness shall 
be set forth in the record. 

Fifth. In case the alien applying to be admitted to citizenship has 
borne any hereditary title, or has been of any of the orders of nobility 
in the kingdom or state from which he came, he shall, in addition to the 
above requisites, make an express renunciation of his title or order of 
nobility in the court to which his application is made, and his renuncia¬ 
tion shall be recorded in the court. 

Sixth. When any alien who has declared his intention to become a 
citizen of the United States dies before he is actually naturalized the 
widow and minor children of such alien may, by complying with the 
other provisions of this act, be naturalized without making any declara¬ 
tion of intention. 

Sec. 5. That the clerk of the court shall, immediately after filing 
the petition, give notice thereof by posting in a public and conspicu¬ 
ous place in his office, or in the building in which his office is situated, 
under an appropriate heading, the name, nativity, and residence of 
the alien, the date and place of his arrival in the United States, and 


Petition must 
be verified 
by two ered- 
ible witnesses. 


Certificate 
from depart¬ 
ment of labor 
filed with 
clerk of 
court. 


Oath of 
allegiance. 


Admission to 
citizenship. 


Nobility, 
renunciation 
of titles of. 


Clerks of 
courts to post 
notice of hear¬ 
ings immedi¬ 
ately after 
filing petition. 


248 


NATURALIZATION LAWS 


Notice as to 
date of hear¬ 
ing must be 
posted ninety 
days. 


Restriction as 
to election 
day. 


Citizenship 

denied. 


Homestead 
entries, aliens 
making, not 
required to 
speak Eng¬ 
lish. 


Certificate 
not to be 
issued -without' 
order signed 
by judge. 


Establishing 
residence out¬ 
side of State, 
notice to be 
given bureau. 


the date, as nearly as may be, for the final hearing of his petition, and 
the names of the witnesses whom the applicant expects to summon 
in his behalf; and the clerk shall, if the applicant requests it, issue a 
subpoena for the witnesses so named by the said applicant to appear 
upon the day set for the final hearing, but in case such witnesses can 
not be produced upon the final hearing other witnesses may be sum¬ 
moned. 

Sec. 6. That petitions for naturalization may be made and filed 
during term time or vacation of the court and shall be docketed the 
same day as filed, but final action thereon shall be had only on stated 
days, to be fixed by rule of the court, and in no case shall final action 
be had upon a petition until at least ninety days have elapsed after 
filing and posting the notice of such petition: Provided, That no per¬ 
son shall be naturalized nor shall any certificate of naturalization be 
issued by any court within thirty days preceding the holding of any 
general election within its territorial jurisdiction. It shall be lawful 
at the time and as a part of the naturalization of any alien, for the 
court, in its discretion, upon the petition of such alien, to make a 
decree changing the name of said alien, and his certificate of naturali¬ 
zation shall be issued to him in accordance therewith. 

Sec. 7. That no person who disbelieves in or who is opposed to 
organized government, or who is a member of or affiliated with any 
organization entertaining and teaching such disbelief in or opposition 
to organized government, or who advocates or teaches the duty, neces¬ 
sity, or propriety of the unlawful assaulting or killing of any officer or 
officers, either of specific individuals or of officers generally, of the 
Government of the United States, or of any other organized government, 
because of his or their official character, or who is a polygamist, shall 
be naturalized or be made a citizen of the United States. 

Sec. 8. That no alien shall hereafter be naturalized or admitted as a 
citizen of the United States who can not speak the English language: 
Provided, That this requirement shall not apply to aliens who are physi¬ 
cally unable to comply therewith, if they are otherwise qualified to 
become citizens of the United States: And provided further, That the 
requirements of this section shall not apply to any alien who has 
prior to the passage of this act declared his intention to become a 
citizen of the United States in conformity with the law in force at the 
date of making such declaration: Provided further, That the require¬ 
ments of section eight shall not apply to aliens who shall hereafter 
declare their intention to become citizens and who shall make home¬ 
stead entries upon the public lands of the United States and comply 
in all respects with the laws providing for homestead entries on such 
lands. 

Sec. 9. That every final hearing upon such petition shall be had in 
open court before a judge or judges thereof, and every final order 
which may be made upon such petition shall be under the hand of the 
court and entered in full upon a record kept for that purpose, and 
upon such final hearing of such petition the applicant and witnesses 
shall be examined under oath before the court and in the presence of 
the court. 

Sec. 10. That in case the petitioner has not resided in the State, 
Territory, or district for a period of five years continuously and im¬ 
mediately preceding the filing of his petition he may establish by two 
witnesses, both in his petition and at the hearing, the time of his 
residence within the State, provided that it has been for more than one 
year, and the remaining portion of his five years’ residence within the 
United States required by law to be established may be proved by the 
depositions of two or more witnesses who are citizens of the United 
States, upon notice to the Bureau of Immigration and Naturalization 
and the United States attorney for the district in which said witnesses 
may reside. 


NATURALIZATION LA^YS 


249 


Sec. 11. That the United States shall have the right to appear before 
any court or courts exercising jurisdiction in naturalization proceed¬ 
ings for the purpose of cross-examining the petitioner and the witnesses 
produced in support of his petition concerning any matter touching 
or in any way affecting his right to admission to citizenship, and shall 
have the right to call witnesses, produce evidence, and be heard in 
opposition to the granting of any petition in naturalization proceedings. 

Sec. 12. That it is hereby made the duty of the clerk of each and 
every court exercising jurisdiction in naturalization matters under the 
provisions of this act to keep and file a duplicate of each declaration of 
intention made before him and to send to the Bureau of Immigration 
and Naturalization at Washington, within thirty days after the issuance 
of a certificate of citizenship, a duplicate of such certificate, and to make 
and keep on file in his office a; stub for each certificate so issued by 
him, whereon shall be entered a memorandum of all the essential facts 
set forth in such certificate. It shall also be the duty of the clerk of 
each of said courts to report to the said bureau, within thirty days after 
the final hearing and decision of the court, the name of each and every 
alien who shall be denied naturalization, and to furnish to said bureau 
duplicates of all petitions within thirty days after the filing of the same, 
and certified copies of such other proceedings and orders instituted in or 
issued out of said court affecting or relating to the naturalization of 
alieils as may be required from time to time by the said bureau. 

In case any such clerk or officer acting under his direction shall 
refuse or neglect to comply with any of the foregoing provisions he 
shall forfeit and pay to the United States the sum of twenty-five dol¬ 
lars in each and every case in which such violation or omission occurs, 
and the amount of such forfeiture may be recovered by the United 
States in an action of debt against such clerk. 

Clerks of courts having and exercising jurisdiction in naturalization 
matters shall be responsible for all blank certificates of citizenship 
received by them from time to time from the Bureau of Immigration 
and Naturalization, and shall account for the same to the said bureau 
whenever required so to do by such bureau. No certificate of citizen¬ 
ship received by any such clerk which may be defaced or injured in 
such manner as to prevent its use as herein provided shall in any case 
be destroyed, but such certificate shall be returned to the said bureau; 
and in case any such clerk shall fail to return or properly account for 
any certificate furnished by the said bureau, as herein provided, he shall 
be liable to the United States in the sum of fifty dollars, to be recov¬ 
ered in an action of debt, for each and every certificate not properly 
accounted for or returned. 

Sec. 13.* That the clerk of each and every court exercising juris¬ 
diction in naturalization cases shall charge, collect, and account for 
the following fees in each proceeding: 

For receiving and filing a declaration of intention and issuing a 
duplicate thereof, one dollar. 

For making, filing, and docketing the petition of an alien for admis¬ 
sion as a citizen of the United States and for the final hearing thereon, 
two dollars; and for entering the final order and the issuance of the 
certificate of citizenship thereunder, if granted, two dollars. 

The clerk of any court collecting such fees is hereby authorized to 
retain one-half of the fees collected by him in such naturalization 
proceeding; the remaining one-half of the naturalization fees in each 
case collected by such clerks, respectively, shall be accounted for in 
their quarterly accounts, which they are hereby required to render the 
Bureau of Immigration and Naturalization, and paid over to such bureau 
within thirty days from the close of each quarter in each and every 
fiscal year, and the moneys so received shall be paid over to the dis¬ 
bursing clerk of the Department of Commerce and Labor, who shall 


Clerks of 
courts to file 
copy of each 
declaration. 


To forward 
papers to 
bureau within 
thirty days, 
penalty for 
failure. 


Clerks of 
courts shall be 
responsible for 
all blanks 
certificates, 
received by 
them from 
bureau. 


Clerks of 
courts shall 
collect an 
account for 
following fees. 


Amount to be 
retained by 
the clerk. 


Section 13 as amended by act of June 25, 1910. 




250 


NATURALIZATION LAWS 


Deposit to be 
made with 
clerk. 


Witnesses to 
receive usual 
fees. 


Clerical 
assistance 
when annual 
fees exceed 
$ 6 , 01 ) 0 . 


Exceptions. 


Papers, how 
to be hound 
and indexed. 


District at¬ 
torney, duties 
as to cancella¬ 
tion proceed¬ 
ings. 


thereupon deposit them in the Treasury of the United States, rendering 
an account therefor quarterly to the Auditor for the State and other 
Departments, and the said disbursing clerk shall be held responsible 
under his bond for said fees so received. 

In addition to the fees herein required, the petitioner shall, upon 
the filing of his petition to become a citizen of the United States, 
deposit with and pay to the clerk of the court a sum of money suffi¬ 
cient to cover the expenses of subpoenaing and paying the legal fees 
of any witnesses for whom he may request a subpoena, and upon the 
final discharge of such witnesses they shall receive, if they demand 
the same from the clerk, the customary and usual witness fees from 
the moneys which the petitioner shall have paid to such clerk for 

such purpose, and the residue, if any, shall be returned by the clerk 
to the petitioner: Provided, That the clerks of courts exercising juris¬ 
diction in naturalization proceedings shall be permitted to retain one- 
half of the fees in any fiscal year up to the sum of three thousand 

dollars, and that all fees received by such clerks in naturalization pro¬ 
ceedings in excess of such amount shall be accounted for and paid 

over to said bureau as in case of other fees to which the United 
States may be entitled under the provisions of this act. The clerks 
of the various courts exercising jurisdiction in naturalization proceed¬ 
ings shall pay all additional clerical force that may be required in 
performing the duties imposed by this act upon the clerks of courts 
from fees received by such clerks in naturalization proceedings. 

And in case the clerk of any court exercising naturalization jurisdic¬ 
tion collects fees in excess of the sum of six thousand dollars in any 
fiscal year the Secretary of Commerce and Labor may allow salaries, 
for naturalization purposes only, to pay for clerical assistance, to be 
selected jand employed by that clerk, additional to the clerical force, for 
which clerks of courts are required by this section to pay from fees 
received by such clerks in naturalization proceedings, if in the opinion 
of said Secretary the naturalization business of such clerk warrants fur¬ 
ther additional assistance; Provided, That in no event shall the whole 
amount allowed the clerk of a court and his assistants exceed the one- 
half of the gross receipts of the office of said clerk from naturalization 
fees during such fiscal year; Provided further. That when, at the close 
of any fiscal year, the business of such clerk of court indicates in the 
opinion of the Secretary of Commerce and Labor that the naturalization 
fees for the succeeding fiscal year will exceed six thousand dollars the 
Secretary of Commerce and Labor may authorize the continuance of 
the allowance of salaries for the additional clerical assistance herein 
provided for and employed on the last day of the fiscal year until such 
time as the remittances indicate in the opinion of said Secretary that 
the fees for the then current fiscal year will not be sufficient to allow 
the additional clerical assistance authorized by this act. 

That payment for the additional clerical assistance herein author¬ 
ized shall be in the manner and under such regulations as the Secretary 
of Commerce and Labor may prescribe. 

Sec. 14. That the declarations of intention and the petitions for natu¬ 
ralization shall be bound in chronological order in separate volumes, in¬ 
dexed, consecutively numbered, and made part of the records of the court. 
Each certificate of naturalization issued shall bear upon its face, in a 
place prepared therefor, the volume number and page number of the 
petition whereon such certificate was issued, and the volume number and 
page number of the stub of such certificate. 

Sec. 15. That it shall be the duty of the United States district attor¬ 
neys for the respective districts, upon affidavit showing good cause there¬ 
for, to institute proceedings in any court having jurisdiction to natu¬ 
ralize aliens in the judicial district in which the naturalized citizen may 
reside at the time of bringing the suit, for the purpose of setting aside 
and canceling the certificate of citizenship on the ground of fraud or on 
the ground that such certificate of citizenship was illegally procured. In 


NATURALIZATION LAWS 


251 


any such proceedings the party holding the certificate of citizenship 
alleged to have been fraudulently or illegally procured shall have sixty 
days personal notice in which to make answer to the petition of the 
United States; and if the holder of such certificate be absent from the 
United States or from the district in which he last had his residence, 
such notice shall be given by publication in the manner provided for the 
service of summons by publication or upon absentees by the laws of the 
State or the place where such suit is brought. 

If any alien who shall have secured a certificate of citizenship under 
the provisions of this act shall, within five years after the issuance of 
such certificate, return to the country of his nativity, or go to any other 
foreign country, and take permanent residence therein, it shall be con¬ 
sidered prima facie evidence of a lack of intention on the part of such 
alien to become a permanent citizen of the United States at the time of 
filing his application for citizenship, and, in the absence of countervailing 
evidence, it shall be sufficient in the proper proceeding to authorize the 
cancellation of his certificate of citizenship as fraudulent, and the diplo¬ 
matic and consular officers of the United States in foreign countries shall 
from time to time, through the Department of State, furnish the Depart¬ 
ment of Justice with the names of those within their respective jurisdic¬ 
tions who have such certificates of citizenship and who have taken per¬ 
manent residence in the country of their nativity, or in any other foreign 
country, and such statements, duly certified, shall be admissible in evi¬ 
dence in all courts in proceedings to cancel certificates of citizenship. 

Whenever any certificate of citizenship shall be set aside or canceled, 
as herein provided, the court in which such judgment or decree is ren¬ 
dered shall make an order canceling- such certificate of citizenship and 
shall send a certified copy of such order to the Bureau of Immigration 
and Naturalization; and in case such certificate was not originally issued 
by the court making such order it shall direct the clerk of the court to 
transmit a copy of such order and judgment to the court out of which 
such certificate of citizenship shall have been originally issued. And it 
shall thereupon be the duty of the clerk of the court receiving such 
certified copy of the order and judgment of vthe court.to enter the same 
of record and to cancel such original certificate of citizenship upon the 
records and to notify the Bureau of Immigration and Naturalization of 
such cancellation. 

The provisions of this section shall apply not only to certificates of 
citizenship issued under the provisions of this act, but to all certificates 
of citizenship which may have been issued heretofore by any court exer¬ 
cising jurisdiction in naturalization proceedings under prior laws. 

Sec. 16. [Superseded by act of March 4, 1909. See section 74, page 26.] 

Sec. 17. [Superseded by act of March 4, 1909. See section 75, page 26.] 

Sec. 18. That it is hereby made a felony for any clerk or other person 
to issue or be a party to the issuance of a certificate of citizenship con¬ 
trary to the provisions of this act, except upon a final order under the 
hand of a court having jurisdiction to make such order, and upon con¬ 
viction thereof such clerk or other person shall be punished by imprison¬ 
ment for not more than five years and by a fine of not more than five 
thousand dollars, in the discretion of the court. 

Sec. 19. [Superseded by act of March 4, 1909. See section 77, page 26.] 

Sec. 20. That any clerk or other officer of a court having power under 
this act to naturalize aliens, who wilfully neglects to render true accounts 
of moneys received by him for naturalization proceedings or who will¬ 
fully neglects to pay over any balance of such moneys due to the United 
States within thirty days after said payment shall become due and demand 
therefor has been made and refused, shall be deemed guilty of embezzle¬ 
ment of the public moneys, and shall be punishable by imprisonment for 
not more than five years, or by a fine of not more than five thousand 
dollars, or both. 


Certificates 
of naturaliza¬ 
tion invali¬ 
dated by 
permanent 
residence 
abroad. 


How 

cancelled. 


Duty of 
clerk of 
court when 
certificates 
are canceled. 


Penalties for 
issuing certifi¬ 
cates contrary 
to this act. 


Wilful neglect 
to render 
truthful 
accounts. 


Embezzle¬ 

ment. 


252 


NATURALIZATION LAWS 


Additional 
fees not to be 
cdiarged. 


Witnesses, 
penalty foi- 
perjury. 


Procuring 
Naturalization 
in violation 
of this act. 


Penalties. 


Prosecution 
of crimes 
committed 
prior to this 
date. 

Sections of 
revised stat¬ 
utes repealed. 


Sec. 21. That it shall be unlawful for any clerk of any court or his 
authorized deputy or assistant exercising jurisdiction in naturalization 
proceedings to demand, charge, collect, or receive any other or additional 
fees or moneys in naturalization proceedings save the fees and moneys 
herein specified; and a violation of any of the provisions of this section 
or any part thereof is hereby declared to be a misdemeanor and shall 
be punished by imprisonment for not more than two years, or by a fine 
of not more than one thousand dollars, or by both such fine and imprison¬ 
ment. 

Sec. 22. That the clerk of any court exercising jurisdiction in natu¬ 
ralization proceedings, or any person acting under authority of this act, 
who shall knowingly certify that a petitioner, affiant, or witness named 
in an affidavit, petition, or certificate of citizenship, or other paper or 
writing required to be executed under the provisions of this act, per¬ 
sonally appeared before him and was sworn thereto, or acknowledged the 
execution thereof or signed the same, when in fact such petitioner, affiant, 
or witness did not personally appear before him, or was not sworn thereto, 
or did not execute the same, or did not acknowledge the execution there¬ 
of, shall be punished by a fine not exceeding five thousand dollars, or by 
imprisonment not to exceed five years. 

Sec. 23. That any person who knowingly procures naturalization in 
violation of the provisions of this act shall be fined not more than five 
thousand dollars, or shall be imprisoned not more than five years, or 
both, and upon conviction the court in which such conviction is had shall 
thereupon adjudge and declare the final order admitting such person to 
citizenship void. Jurisdiction is hereby conferred on the courts having 
jurisdiction of the trial of such offense to make such adjudication. Any 
person who knowingly aids, advises,, or encourages any person not entitled 
thereto to apply for or to secure naturalization, or to file the preliminary 
papers declaring an intertt to become a citizen of the United States, or 
who in any naturalization proceeding knowingly procures or gives false 
testimony as to any material fact, or who knowingly makes an affidavit 
false as to any material fact required to be proved in such proceeding, 
shall be fined not more than five thousand dollars, or imprisoned not more 
than five years, or both. 

/ 

Sec. 24. That no person shall be prosecuted, tried, or punished for any 
crime arising under the provisions of this act unless the indictment is 
found or the information is filed within five years next after the com¬ 
mission of such crime. 

Sec. 25. That for the purpose of the prosecution of all crimes and 
offenses against the naturalization laws of the United States which may 
have been committed prior to the date when this act shall go into effect, 
the existing naturalization laws shall remain in full force and effect. 

Sec. 26. That sections twenty-one hundred and sixty-five, twenty-one 
hundred and sixty-seven, twenty-one hundred and sixty-eight, twenty-one 
hundred and seventy-three of the Revised Statutes of the United States 
of America, and section thirty-nine of chapter one thousand and twelve 
of the Statutes at Large of the United States of America for the year 
nineteen hundred and three, and all acts or parts of acts inconsistent with 
or repugnant to the provisions of this act are hereby repealed. 

Sec. 27. That substantially the following forms shall be used in the 
proceedings to which they relate: 


Declaration 
of intention. 


DECLARATION OF INTENTION. 

(Invalid for all purposes seven years after the date hereof.) 
., ss: 

I, ., aged . years, occupation ., do declare 

on oath (affirm) that my personal description is: Color ., com¬ 
plexion ., height ., weight ., color of hair ., 

color of eyes ., other visible distinctive marks .; I was 













NATURALIZATION LAWS 


253 


born in . on the . day of ., anno Domini .; I 

now reside at .; I emigrated to the United States of America 

from . on the vessel .; my last foreign residence was . 

It is my bona fide intention to renounce forever all allegiance and fidelity 
to any foreign prince, potentate, state, or sovereignty, and particularly 

to ., of which I am now a citizen (subject); I arrived at the (port) 

of ., in the State (Territory or District) of ., on or about 

the . day of ., anno Domini .; I am not an anarchist; 

I am not a polygamist nor a believer in the practice of polygamy; and 
it is my intention in good faith to become a citizen of the United States 
of America and to permanently reside therein. So help me God. 

(Original signature of declarant) . 

Subscribed and sworn to (affirmed) before me this . day of 

., anno Domini . 

[L. S.] .. 

(Official character of attestor.) 

PETITION FOR NATURALIZATION. 

. Court of . 

In the matter of the petition of .. to be admitted as a 

citizen of the United.States of America. 

To the . Court: 

The petition of . respectfully shows: 

First. My full name is . 

Second. My place of residence is number . street, city 

of ., State (Territory or District) of . 

Third. My occupation is . 

Fourth. I was born on the . day of . at . 

Fifth. I emigrated to the United States from ., on or about 

the .. day of ., anno Domini ., and arrived at the port 

of .in the United States, on the vessel . 

Sixth. I declared my intention to become a citizen of the United 
States on the.day of., at., in the.. court of. 

Seventh. I am .... married. My wife’s name is . She 

was born in . and now resides at . I have . children, 

and the name, date, and place of birth and place of residence of each of 
said children is as follows: .; .; . 

Eighth. I am not a disbeliever in or opposed to organized govern¬ 
ment or a member of or affiliated with any organization or body of per¬ 
sons teaching disbelief in organized government. I am not a polygamist 
nor a believer in the practice of polygamy. I am attached to the prin¬ 
ciples of the Constitution of the United States, and it is my intention to 
become a citizen of the United States and to renounce absolutely and 
forever all allegiance and fidelity to any foreign prince, potentate, state, 

or sovereignty, and particularly to ., of which at this time I am a 

citizen (or subject), and it is my intention to reside permanently in the 
United States. 

Ninth. I am able to speak the English language. 

Tenth. I have resided continuously in the United States of America 
for a term of five years at least immediately preceding the date of this 

petition, to wit, since .. anno Domini ., and in the State 

(Territory or District) of . for one year at least next preceding 

the date of this petition, to wit, since . day of ., anno 

Domini . 

Eleventh. I have not heretofore made petition for citizenship to any 

court. (I made petition for citizenship to the . court of . 

at ., and the said petition was denied by the said court for the 

following reasons and causes, to wit .., and the cause of 

such denial has since been cured or removed.) 

Attached hereto and made a part of this petition are my declaration 
of intention to become a citizen of the United States and the certificate 


Form of. 


Petition for 
naturaliza¬ 
tion. 


Form of. 
































































254 


NATURALIZATION LAWS 


Affidavit of 
witnesses. 


Naturalization 


Form of. 


from the Department of Commerce and Labor required by law. Where¬ 
fore your petitioner prays that he may be admitted a citizen of the 
United States of America. 

Dated . 

(Signature of petitioner) . 

., ss: 

.. being duly sworn, deposes and says that he is the 

petitioner in the above-entitled proceeding; that he has read the fore¬ 
going petition and knows the contents thereof; that the same is true of 
his own knowledge, except as to matters therein stated to be alleged 
upon information and belief, and that as to those matters he believes it 
to be true. 

Subscribed and sworn to before me this . day of .. anno 

Domini . 

LL. S.] ., 

Clerk of the . Court. 

AFFIDAVIT OF WITNESSES. 

. Court of. 

In the matter of the petition of . to be admitted a 

citizen of the United States of America. 

... ss: 

., occupation ., residing at ., and ., 

occupation ., residing at ., each being severally, duly, and 

respectively sworn, deposes and says that he is a citizen of the United 

States of America; that he has personally known ., the 

petitioner above mentioned, to be a resident of the United States for a 
period of at least five years continuously immediately preceding the 
date of filing his petition, and of the State (Territory or District) in 

which the above-entitled application is made for a period of . years 

immediately preceding the date of filing his petition; and that .he has 
personal knowledge that the said petitioner is a person of good moral 
character, attached to the principles of the Constitution of the United 
States, and that he is in every way qualified, in his opinion, to be ad¬ 
mitted as a citizen of the .United States. 


Subscribed and sworn to before me this . day of ., nine¬ 
teen hundred and . 

[L. S.] 

............ 

(Official character of attestor.) 

CERTIFICATE OF NATURALIZATION. 

Number . 

Petition, volume ., page . 

Stub, volume ., page . 

(Signature of holder) . 

Description of holder: Age, .; height, .; color, .; 

complexion, .; color of eyes, .; color of hair, .; visi¬ 
ble distinguishing marks, . Name, age, and place of residence 

of wife, ., ., . Names, ages, and places of residence 

of minor children, ., ., .; ., ., .; .^ 

. 9 . 

., ss: 

Be it remembered, that at a . term of the . court of ., 

held at . on the .day of ., in the year of our Lord 

nineteen hundred and ., ., who previous to his (her) natu¬ 
ralization was a citizen (or subject) of ., at present residing at 

number . street, . city (town), . (State Terri- 

tr»rv or District), having applied to be admitted a citizen of the United 




































































NATURALIZATION LAWS 


:oo 


States of America pursuant to law, and the court having found that the 
petitioner had resided continuously within the United States for at least 
five years and in this State for one year immediately preceding the date 
of the hearing of his (her) petition, and that said petitioner intends to 
reside permanently in the United States, had in all respects complied 
with the law in relation thereto, and that ....he was entitled to be so ad¬ 
mitted, it was thereupon ordered by the said court that ....he be admitted 
as a citizen of the United States of America. 

In testimony whereof the seal of said court is hereunto affixed on 

the . day of ., in the year of our Lord nineteen hundred 

and . and of our independence the . 


[L. S.] ~ (Official character of attestor.) 

STUB OF CERTIFICATE OF NATURALIZATION. 

No. of certificate, . 

Name, .; age, . 

Declaration of intention, volume ., page . 

Petition, volume ., page . 

Name, age, and place of residence of wife, ., ., . Names, 

ages, and places of residence of minor children, ., ., .; ., 


Date of order, volume ., page . 

(Signature of holder) . 

Sec. 28. That the Secretary of Commerce and Labor shall have power 
to make such rules and regulations as may be necessary for properly 
carrying into execution the various provisions of this act. Certified 
copies of all papers, documents, certificates and records required to be 
used, filed, recorded, or kept under any and all of the provisions of this 
act shall be admitted in evidence equally with the originals in any and 
all proceedings under this act and in all cases in which the originals 
thereof might be admissible as evidence. 

Sec. 29. That for the purpose of carrying into effect the provisions of 
this act there is hereby appropriated the sum of one hundred thousand 
dollars, out of any moneys in the Treasury of the United States not 
otherwise appropriated, which appropriation shall be in full for the objects 
hereby expressed until June thirtieth, nineteen hundred and seven; and 
the provisions of section thirty-six hundred and seventy-nine of the Re¬ 
vised Statutes of the United States shall not be applicable in any way 
to this appropriation. 

Sec. 30*. That all the applicable provisions of the naturalization laws 
of the United States shall apply to and be held to authorize the admission 
to citizenship of all persons not citizens who owe permanent allegiance 
to the United States, and who may become residents of any State or 
organized Territory of the United States, with the following modifications: 
The applicant shall not be required to renounce allegiance to any foreign 
sovereignty; he shall make his declaration of intention to become a citizen 
of the United States at least two years prior to his admission; and res¬ 
idence within the jurisdiction of the United States, owing such permanent 
allegiance, shall be regarded as residence within the United States within 
the meaning of the five years’ residence clause of the existing law. 

Sec. 31. That this act shall take effect and be in force from and after 
ninety days from the date of its passage: Provided, That sections one, 
two, twenty-eight, and twenty-nine shall go into effect from and after 
the passage of this act. 

Act of February 24, 1911 (36 Stat. L., Pt. 1, P. 929). An act providing 
for the naturalization of the wife and minor children of insane aliens 
making homestead entries under the land laws of the United States. 
Be it enacted by the Senate and House of Representatives of the United 


Stub of cer¬ 
tificate of nat¬ 
uralization. 


Secretary of 
Labor to 
make rules 
and regula¬ 
tions. 


Appropria¬ 

tion. 


Revised stat¬ 
utes not 
applicable. 

Island posses¬ 
sions, status 
of inhabi¬ 
tants of 


When appli¬ 
cant becomes 
insane. 






































256 


NATURALIZATION LAWS 


States of America in Congress assembled, That when any alien, who has 
declared his intention to become a citizen of the United States, becomes 
insane before he is actually naturalized, and his wife shall thereafter 
make a homestead entry under the land laws of the United States, she 
and their minor children may, by complying with the other provisions 
of the naturalization laws, be naturalized without making any declaration 
of intention. 

Approved, February 24, 1911. 

[In regard to the acquisition of citizenship by other means than naturalization, see secs. 

1092, 1993, and 1995 of the United States Revised Statutes.] 


UNITED STATES REVISED STATUTES. 

NATURALIZATION,* TITLE XXX. 


Aliens honor¬ 
ably dis¬ 
charged from 
military 
service. 


Residence 
abroad length 
of, requirea. 


In case of 
war. 


.41160 

enemies. 


Status of 
children of 
naturalized 
parents. 


Sec. 2166. Honorably discharged soldiers exempt from certain for¬ 
malities. Any alien, of the age of twenty-one years and upward, who 
has enlisted, or may enlist, in the armies of the United States, either 
the regular or the volunteer forces, and has been, or may be hereafter 
honorably discharged, shall be admitted to become a citizen of the United 
States, upon his petition, without any previous declaration of his inten¬ 
tion to become such; and he shall not be required to prove more than 
one year’s residence within the United States previous to his application 
to become such citizen; and the court admitting such alien shall, in ad¬ 
dition to such proof of residence and good moral character, as now pro¬ 
vided by law, be satisfied by competent proof of such person’s .having 
been honorably discharged from the service of the United States. 

Sec. 2169. Aliens of African nativity and descent (as amended, 1875). 
The provisions of this title shall apply to aliens being free white per¬ 
sons and to aliens of African nativity and to persons of African descent. 

Sec. 2170.t Residence within the United States required for five years 
continuously. No alien shall be admitted to become a citizen who has 
not for the continued term of five years next preceding his admission 
resided within the United States. 

Sec. 2171. Naturalization to alien enemies prohibited. No alien who 
is a native citizen or subject, or a denizen of any country. State, or 
sovereignty with which the United States are at war, at the time of his 
application, shall be then admitted to become a citizen of the United 
States; but persons resident within the United States, or the Territories 
thereof, on the eighteenth day of June, in the year one thousand eight 
hundred and twelve, who had before that day made a declaration, accord¬ 
ing to law, of their intention to become citizens of the United States, or 
who were on that day entitled to become citizens without making such 
declaration, may be admitted to become citizens thereof, notwithstanding 
they were alien enemies at the time and in the manner prescribed by the 
laws heretofore passed on that subject; nor shall anything herein con¬ 
tained be taken or construed to interfere with or prevent the apprehen¬ 
sion and removal, agreeably to law, of any alien enemy at any time prev¬ 
ious to the actual naturalization of such alien. 

Sec. 2172. Children of persons naturalized under certain laws to be 
citizens. The children of persons who have been duly naturalized under 
any law of the United States, or who, previous to the passing of any law 
on that subject, by the Government of the United States, may have become 
citizens of any one of the States, under the laws thereof, being under the 
age of twenty-one years at the time of the naturalization of their parents, 
shall, if dwelling in the United States, be considered as citizens thereof;’ 
and the children of persons who now are, or have been, citizens of the 
United States, shall, though born out of the limits and jurisdiction of 


tThe United States Circuit Court of Appeals has held that this section was not 
naturalization act of June 29, 190G. (See United States v, Rodiek, 



NATURALIZATION LAWS 


257 


the United States, be considered as citizens thereof; but no person 
heretofore proscribed by any State, or who has been legally convicted 
of having joined the army of Great Britain during the Revolutionary 
War, shall be admitted to become a citizen without the consent of the 
legislature of the State in which such person was proscribed. 

Sec. 2174. Alien seamen of merchant vessels. Every seaman, being 
a foreigner, who declares his intention of becoming a citizen of the United 
States in any competent court, and shall have served three years on board 
of a merchant vessel of the United States subsequent to the date of such 
declaration, may on his application to any competent court, and the pro¬ 
duction of his certificate of discharge and good conduct during that time, 
together with the certificate of his declaration of intention to become a 
citizen, be admitted a citizen of the United States; and every seaman, 
being a foreigner, shall, after his declaration of intention to become a 
citizen of the United States, and after he shall have served such three 
years, be deemed a citizen of the United States for the purpose of man¬ 
ning and serving on board any merchant vessel of the United States, any¬ 
thing to the contrary in any act of Congress notwithstanding; but such 
seaman shall, for all purposes of protection as an American citizen, be 
deemed such, after the filing of his declaration of intention to become 
such citizen. 

TWENTY-SECOND STATUTES AT LARGE, PAGE 61. 

[Act of May 0, 1882.] 

Sec. 14. Naturalization of Chinese prohibited. That hereafter no State 
court or court of the United States shall admit Chinese to citizenship; 
and all laws in conflict with this act are hereby repealed. 

TWENTY-EIGHTH STATUTES AT LARGE, PAGE 124. f 

[Act of July 20, 1894.] 

Aliens honorably discharged from service in Navy or Marine Corps. 

Any alien of the age of twenty-one years and upward who has enlisted 
or may enlist in the United States Navy or Marine Corps, and has served 
or may hereafter serve five consecutive years in the United States Navy 
or one enlistment in the United States Marine Corps, and has been or 
may hereafter be honorably discharged, shall be admitted to become a 
citizen of the United States upon his petition, without any previous de¬ 
claration of his intention to become such; and the court admitting such 
alien shall, in addition to proof of good moral character, be satisfied by 
competent proof of such person’s service in and honorable discharge 
from the United States Navy or Marine Corps. 

AN ACT TO-VALIDATE CERTAIN CERTIFICATES OF 

NATURALIZATION. 

(Stat. 1905-6, Part I, p. 630). 

Be it enacted by the S'enate and House of Representatives of the 
United States of America in Congress assembled. That naturalization 
certificates issued after the Act approved March third, nineteen hundred 
and three, entitled, “An Act to regulate the immigration of aliens into 
the United States,’’ went into effect, which fail to show that the courts 
issuing said certificates complied with the requirements of Section 39 
of said Act, but which were otherwise lawfully issued, are hereby de¬ 
clared to be as valid as though said certificates complied with said sec¬ 
tion: Provided, That in all such cases applications shall be made for 
new naturalization certificates, and when the same are granted, upon 
compliance with the provisions of said Act of nineteen hundred and 
three, they shall relate back to the defective certificates, and citizenship 


Exemptions 
of honorably 
discharged 
aliens. 


258 


• NATURALIZATION LAWS 


Who are 
citizens 


Children born 
out of the 
limit of 
United States. 


Republic 
of Hawaii. 


To overcome 
presump¬ 
tion of. 


shall be deemed to have been perfected at the date of the defective 
ceitificate. 

Sec. 2. That all the records relating to naturalization, all declarations 
of intention to become citizens of the United States, and all certificates 
of naturalization filed, recorded, or issued prior to the time when this 
Act takes effect in or from the criminal court of Cook County, Illinois, 
shall for all purposes be deemed to be and to have been made, filed, 
recorded, or issued by a court with jurisdiction to naturalize aliens, but 
shall not be by this Act further validated or legalized. (Approved June 
29, 1906). 

CITIZENSHIP. 

U. S. Revised Statutes. 

Sec. 1992. Acquisition of Citizenship by other means than naturaliza¬ 
tion. All persons born in the United States and not subject to any 
foreign power, excluding Indians not taxed, are declared to be citizens 
of the United States. 

Sec. 1993. All children heretofore born or hereafter born out of the 
limit and jurisdiction of the United States, whose fathers were or may 
be at the time of their birth citizens thereof, are declared to be citizens 
of the United States; but the rights of citizenship shall not descend to 
children whose fathers never resided in the United States. 

CITIZENS OF HAWAII. 

(Act of April 30, 1900, Ch. 339, p. 141, R. S.) 

Sec. 4. That all persons who were citizens of the Republic of Hawaii 
on August twelfth, eighteen hundred and ninety-eight, are hereby de¬ 
clared to be citizens of the United States and citizens of the Territory 
of Hawaii. 

THIRTY-FOURTH STATUTES AT LARGE, PAGE 1228. 

[Act of March 2, 1907.] 

An act in reference to the expatriation of citizens and their protection 
abroad. Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. That the Secretary 
of State shall be authorized, in his discretion, to issue passports to per¬ 
sons not citizens of the United States as follows: Where any person 
has made a declaration of intention to become such a citizen as provided 
by law and has resided in the United States for three years a passport 
may be issued to him entitling him to the protection of the Government 
in any foreign country: Provided, That such passport shall not be valid 
for more than six months and shall not be renewed, and that such pass¬ 
port shall not entitle the holder to the protection of this Government in 
the country-of which he was a citizen prior to making such declaration 
of intention. 

Sec. 2. That any American citizen shall be deemed to have expatriated 
himself when he has been naturalized in any foreign state in conformity 
with its laws, or when he has taken an oath of allegiance to any foreign 
state. 

When any naturalized citizen shall have resided for two years in the 
foreign state from which he came, or for five years in any other foreign 
state it shall be presumed that he has ceased to be an American citizen, 
and the place of his general abode shall be deemed his place of residence 
during said years: Provided, however. That such presumption may be 
overcome on the presentation of satisfactory evidence to a diplomatic 
or consular officer of the United States, under such rules and regulations 
as the Department of State may prescribe: And provided also. That no 
American citizen shall be allowed to expatriate himself when this country 
is at war. 


NATURALIZATION LAWS 


259 


Sec. 3. That any American woman who marries a foreigner shall take 
the nationality of her husband. At the termination of the marital relation 
she may resume her American citizenship, if abroad, by registering as 
an American citizen within one year with a consul of the United States, 
or by returning to reside in the United States, or, if residing in the United 
States at the termination of the marital relation, by continuing to reside 
therein. 

Sec. 4. That any foreign woman who acquires American citizenship 
by marriage to an American shall be assumed to retain the same after 
the termination of the marital relation if she continue to reside in the 
United States, unless" she makes formal renunciation thereof before a 
court having jurisdiction to naturalize aliens, or if she resides abroad 
she may retain her citizenship by registering as such before a United 
States consul within one year after the termination of such marital 
relation. 

Sec. 5. That a child born without the United States of alien parents 
shall be deemed a citizen of the United States by virtue of the natural¬ 
ization of or resumption of American citizenship by the parent: Pro¬ 
vided, That such naturalization or resumption takes place during the 
minority of such child: And provided further. That the citizenship of 
such minor child shall begin at the time such minor child begins to reside 
permanently in the United States. 

Sec. 6. That all children born outside the limits of the United States 
who are citizens thereof in accordance with the provisions of section 
nineteen hundred and ninety-three of the Revised Statutes of the United 
States and who continue to reside outside the United States shall, in 
order to receive the protection of this Government, be required upon 
reaching the age of eighteen years to record at an Amrican consulate 
their intention to become residents and remain citizens of the United 
States and shall be further required to take the oath of allegiance to 
the United States upon attaining their majority. 

Sec. 7. That duplicates of any evidence, registration, or other acts 
required by this Act shall be filed with the Department of State for record. 


NATURALIZATION REGULATIONS. 

These Regulations supersede those of November 11, 1911. 


Department of Labor, 

Office of the Secretary, 

Washington, August 20, 1913. 

1. Since September 26, 1906, naturalization jurisdiction of State courts 
is confined to such as have “a seal, a clerk, and jurisdiction in actions at 
law or equity, or law and equity, in which .the amount in controversy is 
unlimited.” 

2. Any alien who prior to September 27, 1906, has declared his intention 
in conformity with the law in force at the date of his declaration, shall 
not be required to renew such declaration. 

3. Aliens who lawfully declared their intention on and after June 29, 
1906, and prior to September 27, 1906, must comply with all of the re¬ 
quirements of the naturalization act of June 29, 1906, in petitioning for 
naturalization, with the exception that those arriving prior to June 29, 
1906, are not required to furnish certificates of arrival. - 

Aliens who declared their intention prior to June 29, 1906, in accord¬ 
ance with the requirements of law, must comply with all of the require¬ 
ments of the naturalization act of June 29, 1906, in petitioning for natu¬ 
ralization, except that they will not be required to file certificates of 
arrival, sign their petitions in their own handwriting, or to speak the 
* English language. 


Women, 
American, 
status, who 
marry for¬ 
eigner. 


Foreign 
woman who 
acquires 
American cit¬ 
izenship by 
marriage. 


Children born 
abroad to 
retain citizen¬ 
ship by reg¬ 
istering. 


Aliens arriv¬ 
ing prior to 
June 29, 1906. 




260 


N A T U R A LIZ A TIO N LAWS 


Alien who de¬ 
clares his in¬ 
tention, etc., 
and who ar¬ 
rived in U. 

S. before 
reaching 18 
years of age. 


Declaration, 
blank forms, 
when may be 
taken away 
from office of 
clerk. 


Transmittal 
of forms. 


Declaration 
furnished in 
bound vol¬ 
umes. 


Originals of 
petitions, how 
filed, num¬ 
bered, etc. 


Certificates of 
naturaliza¬ 
tion, how fur¬ 
nished. 


4. Any alien who declares his intention after June 29, 1906, and files 
his petition thereon, must sign said petition in his own handwriting, and 
must be able to speak the English language, unless excepted by the 
provisos in section 8 of the naturalization act. If an alien is physically 
unable to speak, that fact should be stated in his petition in lieu of the 
statement, “I am able to speak the English language.” Aliens who arrive 
in the United States before reaching 18 years of age can not obtain 
citizenship without making declaration of intention, which may be made 
in a court having naturalization jurisdiction over the place of their estab¬ 
lished residence after reaching that age. 

5. Blank forms “Facts for declaration of intention” (Form 2213) and 
“Facts for petition for naturalization” (Form 2214) are provided clerks 
of courts for the preliminary use of persons making declaration of inten¬ 
tion or petition for naturalization, and may be taken away from the office 
of the clerk in order that the information called for may be obtained in 
full. When either of said forms is returned to the clerk he shall examine 
it to see that all the information required is furnished before proceeding 
to make out a declaration or petition. 

In all cases where aliens have arrived in this country after June 29, 
1906, they should be given the form, “Application for certificate of arrival,” 
Form 2226, at the time they desire to file petitions for naturalization, 
instead of Form 2214. This application has attached to it the facts re¬ 
quired in a petition for naturalization. The application and other blanks 
on the form should all be carefully filled out by the alien and mailed with 
his triplicate declaration of intention to the Commissioner of Natural¬ 
ization to enable him to obtain and transmit the required certificate of 
arrival (Form 526 or 526a) to the clerk of court for filing with the petition. 
The clerk of the court should not commence the execution of the petition 
until he has received the certificate of arrival prescribed by this regula¬ 
tion. The certificate of arrival will contain its serial number in the upper 
right-hand corner, which the clerk of the court will insert in the petition 
for naturalization at the place indicated. 

6. Declarations of intention will be furnished in bound volumes (Form 
2202, 50 leaves: 2202A, 150 leaves; or 2202B, 250 leaves) as a court record, 
varied in number of pages according to the requirements of the court. 
In addition to the bound records, the duplicate and triplicate declarations 
of intention (Form 2203) will be furnished as loose sheets attached 
together and perforated, so that they can be readily torn apart, the 
triplicate to be given to the declarant and the duplicate to be forwarded 
to the Bureau of Immigration and Naturalization. Each bound record 
v>^ill contain an index in addition to the original declarations of inten¬ 
tion, and will be paged in consecutive order. At the time the original 
declarations of intention in the bound volumes are filled out and signed 
the names of the declarants must be entered in the index. The declara¬ 
tions shall be numbered consecutively, beginning with No. 1 in volume 
1 and containing the sequence from volume to volume. 

7. The originals of the petitions for naturalization will also be furnished 
in bound yolumes (Form 2204, 100 leaves, or 2204B, 250 leaves) paged 
in consecutive order and provided with an index. The duplicate petitions 
(Form 2205) will be furnished as loose sheets, and when executed must 
be forwarded to the Bureau of Immigration and Naturalization by regis¬ 
tered mail, as provided in rule 22 of these regulations. The original 
petitions for naturalization in the bound volumes must be filled out and 
signed, the names of the petitioners entered in the index, and retained 
as part of the permanent records of the office in which filed. Petitions 
shall be numbered consecutively, beginning with No. 1 in volume 1 and 
continuing in order in the following volumes. The first petition in vol¬ 
ume 2 must not be numbered “1,” but shall receive the number follow¬ 
ing that given the last petition in volume 1. 

8. Certificates of naturalization (Form 2207) will be supplied in bound 
volumes consisting of original and duplicate certificates and stubs. Each 

'original and duplicate certificate and the stub will be given the same' 


NATURALIZATION LAWS 


261 


serial number, the stub to the original certificate bearing a page number 
in addition to its serial number. The original certificate will be given 
to the petitioner in accordance with the final order of the court, and the 
duplicate shall be forwarded to the Bureau of Immigration and Naturali¬ 
zation by registered mail, as provided in rule 22 of these regulations, 
the stub to the original constituting a part of the permanent records of 
the court. The bound volumes, containing the declarations, petitions, 
and certificates, constitute the “records” and dockets required by sec¬ 
tions 6 and 14 of the naturalization act. The department requires no 
other dockets to be kept. 

9. No certificate of naturalization shall be issued to a petitioner until 
after the judge of the court granting naturalization has signed the order 
to that effect. 

10. Clerks of courts will be furnished with requisition blanks (Form 
2201) on which are listed, by number and title, all blank forms, including 
record and order books, to be used in the naturalization of aliens, and 
these forms must be obtained exclusively from the Bureau of Immigra¬ 
tion and Naturalization, Department of Commerce and Labor, none other 
being official. Manila envelopes or jackets (Form 2211) will be fur¬ 
nished to clerks in which to place the triplicate declaration of intention 
or the original certificate of naturalization before delivering it to the 
person making the declaration or to the person naturalized. 

11. The first supply of blank forms will be furnished upon the written 
application of the clerks of courts having jurisdiction to naturalize aliens, 
accompanied, in the case of clerks of State courts, by authoritative evi¬ 
dence (preferably the certificate of the attorney general of the State) 
that the courts of which such clerks are officers have “a seal, a clerk, 
and jurisdiction in actions at law or equity, or law and equity, in which 
the amount in controversy is unlimited.” Subsequent supplies of such 
blank forms will be furnished the clerks of courts having jurisdiction to 
naturalize aliens upon the receipt by the Bureau of Immigration and 
Naturalization of requisitions made on Form 2201. 

12. Clerks of courts when first making^ application to the Bureau of 
Immigration and Naturalization for the supplies of the blank forms re¬ 
quired in the naturalization of aliens shall state v/hether any declara¬ 
tions of intention have been filed or orders of naturalization made by 
their courts since September 26, 1906. They should also state the num¬ 
ber of certificates of naturalization issued by the court since June 1, 
1903, if such certificates fail to comply with the requirements of the 
immigration act of March 3, 1903. 

13. Where the sarne court hdlds sessions at different places, whether 
a clerk is appointed at each of said places or the one clerk is required 
to transact the business of the court wherever it may sit, separate sup¬ 
plies shall be kept, in order to comply with the requirements of section 
14 of the naturalization act, which provides that the bound declarations 
of intention and of petitions for naturalization shall be in chronological 
order. 

14. In every case in which the name of a naturalized alien is changed 
by order of court, as provided in section 6, the clerk of the court is re¬ 
quired to report both the original and the new name of the said person 
to tlfe Bureau of Immigration and Naturalization when transmitting to 
it the duplicate of the certificate of naturalization of the alien whose 
name is changed. 

15. On the first working day of each month the clerk shall inform the 
Bureau of Immigration and Naturalization on Form 2209 of the date of 
posting notice on Form 2206, as required by section 5, and of the day, 
month, and year, as near as may be, for the final hearing of each and 
every petition for naturalization filed and posted during the preceding 
month. These reports on Form 2209 must specify’ only the petitions 
filed in the month to which the report relates and no others. In con¬ 
tinued cases notice on Form 2206 must be amended to show the post¬ 
poned date and remain posted until final action is had. 


Judge to sign 
order. 


Clerks of 
courts will 
be furnished 
requisition 
blanks and 
other books. 


Blanks to be 
furnished 
upon written 
application of 
cierks. 

Seal.* 


Clerks to state 
declarations 
have been 
filed. 


Supplies. No 
two courts to 
use same 
set of. 


Bureau to be 
notified on 
first working . 
day of fol¬ 
lowing month. 


262 


NATURALIZATION LAWS 


Application 
for lost or 
destroyed nat 
uralization 
papers. 


Restoring lost 
or destroyed 
papers. 


Forms to be 
used. 


Fees to be 
collected for 
issuance of 
copies of cer¬ 
tificates, etc. 


16. On the first working day of each month following the sitting of 
a court in naturalization cases the clerk of such court shall forward to 
the Bureau of Immigration and Naturalization on -Form 2210 a list con¬ 
taining the name of each and every alien who, during such sitting of 
court, has been denied naturalization and shall state the reason or rea¬ 
sons -^or such denial. 

17. Applications for lost or destroyed naturalization papers issued 
prior to September 27, 1906, should be disposed of in accordance with the 
rules in force in the court at the time of the issuance of the papers. 

The following rule applies exclusively to naturalization papers issued 
since September 26, 1906: 

Applications for the issuance of declarations of intention (Form 2203) 
or certificates of naturalization (Form 2207), in lieu of declarations of 
intention or certificates of naturalization claimed to have been lost or 
destroyed, shall be submitted in affidavit form to the clerk of the court 
by which any such declarations of intention or certificates of naturaliza¬ 
tion were originally issued, and shall contain full information in regard 
to the lost or destroyed papers, and as to the time, place, and circum¬ 
stances of such alleged loss or destruction. (Form 2225 prepared for this 
purpose may be obtained from the clerk of any naturalization court.) 
The clerk shall forward to the Bureau of Immigration and Naturaliza¬ 
tion the above-mentioned applications, together with such information 
as he may have bearing upon the merits thereof, for investigation, and 
no such paper so applied for shall be issued until the Bureau of Immi¬ 
gration and Naturalization reports the results of its investigation as 
to the merits of the application. 

In every case in which the clerk of the court issues, in accordance with 
the foregoing, a declaration of intention (Form 2224) or a certificate of 
naturalization (Form 2207), upon proof of the loss or destruction of the 
original, he shall make an entry on the original declaration showing the 
issuance of a certified cop]^, or on the stubs of both the new and the old 
certificates of naturalization, showing the issuance of a new certificate, 
giving the numbers of the new and old certificates, and shall immed¬ 
iately thereafter forward to the Bureau of Immigration and Naturaliza¬ 
tion the duplicate of any such paper so issued. 

One certified copy of declaration of intention (Form 2215) or certificate 
of naturalization (Form 2216) may be furnished by the clerk of the issu¬ 
ing court under his hand and the seal of the court for the use only of the 
person concerned to establish his citizenship status in connection with 
any entry under the public land laws of the United States. When issued 
these forms must be made in duplicate, one to be given to the person 
applying therefor and the duplicate forwarded with other naturalization 
papers on the first working day of the succeeding month to the Bureau 
of Immigration and Naturalization. Unless the applicant presents to 
the clerk his original declaration or certificate for comparison, these 
forms can under no conditions be issued. In case the alien makes a 
second land entry he may support his second entry by describing the 
first land claim with which his declaration or certificate is filed. 

The fees to be collected for the issuance of each of the copies of 
declarations of intention and of certificates of naturalization described 
in this regulation, and the disposal to be made of such fees when collected, 
will be determined in accordance with the law and the rules in force in 
the respective courts. No part of these fees is required to be forwarded 
to this department. Clerks are, however, required to make quarterlv 
reports, on Form 2217, on the first working day of January, April, July, 
and October, of the number of such papers issued during the preceding 
quarter. 

18. Original declarations of intention, or certificates of naturalization, 
issued subsequent to September 26, 1906, and surrendered to the General 
Land Office in support of entries upon public land, may be returned upon 
proper application. In cases of declarations of intention the clerk will 
forward the application to the Bureau of Immigration and Naturalization, 


NATURALIZATION LAWS 263 

accompanied by a certified copy on Form 2215. In cases of certificates, 
the application will be accompanied by a personal description of the 
applicant. In both instances a description of the land should be in¬ 
cluded, giving the section, township, and range, together with the date 
and place of making the entry. The originals will then be procured 
from the General Land Office and returned to the clerk of the court. 

19. For recording the affidavits of substituted witnesses under section 
5 of the act of June 29, 1906, blank forms (Form 2218) have been pre¬ 
pared as pasters to be affixed to the backs of petitions in the bound 
volume, following the “Order of court admitting petitioner.” Copies of 
this form may be iwocured by the usual requisition (Form 2201). Do 
not send copies of this form to the Bureau of Immigration and Naturali¬ 
zation. 

20. Aliens making declaration of intention, or filing petitions for natu¬ 
ralization, must sign their names in full and without abbreviation in the 
appropriate places on the various blank forms, and the entries of their 
names by the clerk must correspond in every particular. Where a name 
contains an initial which is used only to distinguish one individual from 
another with the same surname, that fact should be noted on the paper. 

21. Clerks of courts shall not receive declarations of intention (Form 
2202) or file petitions for naturalization (Form 2204) from other aliens 
than white persons and persons of African nativity or of African descent. 
Any alien, other than a Chinese person, who claims that he is a white 
person in the sense in which that term is used in section 2169, R. S., 
U, S., should be allowed, if he insists upon it after an explanation is made 
showing him the risk of denial, to file his declaration or his petition, as 
the case may be, leaving the issue to be determined by the court. 

Declarations should not be received from, nor petitions for natural¬ 
ization filed by, persons not residing in the judicial district within which 
the court is held. 

22. On the first working day of each and every month, and not other¬ 
wise, clerks of courts shall forward to the Bureau of Immigration and 
Naturalization duplicates of all declarations of intention, petitions for 
naturalization, and certificates of naturalization filed or issued during 
the preceding month. Duplicate petitions for naturalization and dupli¬ 
cate certificates of naturalization shall be forwarded by registered mail; 
and duplicate declarations of intention as well as other papers may be 
inclosed therewith provided the combined weight of the documents does 
not exceed 4 pounds, otherwise they shall be forwarded separately by 
unregistered mail. The same course should be followed in forwarding 
naturalization papers to the bureau which have been returned for cor¬ 
rection. Each clerk making a shipment of naturalization papers other 
than papers returned for correction is required to forward therewith a 
report on Form 2208 showing the number of such papers filed or issued 
during the month reported. Where petitions for naturalization have 
been,filed the report on Form 2209 showing the approximate dates of 
final hearings shall also be inclosed with such shipment. When no 
naturalization business has been transacted during any month it is un¬ 
necessary to render monthly reports to that effect, but report should be 
made as prescribed in rule 23. 

23. All fees provided for in section 13 of the act of June 29, 1906, shall 
be accounted for on the “Abstract of collections” (Form 2212) within 
thirty days after the close of each quarter of a fiscal year. These quar¬ 
ters end September 30, December 31, March 31, and June 30, respectively. 
One-half of all moneys so collected, up to $6,000, and all in excess thereof, 
shall be remitted to the Commissioner of Naturalization, Bureau of Im¬ 
migration and Naturalization, with said quarterly account, such remit¬ 
tance to be made payable to the order of the “Secretary of Labor,” 
preferably by draft. The Comptroller of the Treasury has decided that 
section 13 requires the collection of the final fee of $2 whether the 
certificate of naturalization be issued or denied. 


Personal de¬ 
scription of 
applicant, 
and descrip¬ 
tion of land. 


Substituted 
witnesses, 
affidavits of. 


Signatures on 
different 
papers must 
correspond. 


Declarations 
from other 
aliens than 
white person. 


Declarations, 
petitions, 
when to be 
forwarded to 
bureau. 


Shipment, 
how made. 


Certain fees 
to be ac¬ 
counted for on 
‘ ‘Abstract of 
Collections.” 


264 


NATURALIZATION LAWS 


Exempting 
honorably dis¬ 
charged sol¬ 
diers from 
filing declara¬ 
tions. 


Marine 

Corps. 


Statement, 
form of. 


Children, 
minor, of 
deceased 
declarant. 


In cases where no naturalization business is transacted during any 
quarter, Form 2212 shall be forwarded as aforesaid with the words 
“No transactions” noted thereon. 

24. (a) Where a petition for naturalization is filed under section 
2166, R. S., U. S., exempting honorably discharged soldiers from the 
necessity for filing declarations of intention and proving more than 
one year of residence, in the United States in addition to good moral 
character, insert in lieu of the information regarding declaration of 
intention: “Petitioner is an honorably discharged soldier and applies 

for citizenship under section 2166, R. S., U. S. He enlisted in the 
(name of organization) on the (day, month, and year).” (Complete 
the petition according to paragraph 3 of this rule.) 

(b) Where an alien files his petition for naturalization under the act 
of July 26, 1894, and claims exemption from the necessity for filing a 
declaration of intention on ' account of service in the United States 
Navy or Marine Corps, the words having reference to declaration of 
intention in the petition should be struck through and in lieu thereof 
the following inserted; “Petitioner is an honorably discharged mem¬ 
ber of the Navy (or member of the Marine Corps, if that be the case) 
and applies for citizenship under the act of July 26, 1894. He enlisted 
on the (day, month, and year) and was discharged on the (day, month, 
and year).” Each enlistment of the applicant and his discharge there¬ 
from should be shown. (Complete the petition according to paragraph 
3 of this rule.) 

In executing petitions under the two foregoing exemptions, that 
portion of the last paragraph preceding the signature of the petitioner 
relating to the declaration of intention and certificate of arrival should 
be struck through when the alien arrived on or prior to June 29, 1906, 
When the arrival was after that date, only the words “my declaration 
of intention to become a citizen of the United States and” should be 
struck through. The statement following the signature of the peti¬ 
tioner to the body of the petition should be struck through entirely 
in cases of aliens arriving on or before June 29, 1906; but for those 
arriving after that date only the words “declaration of intention” should 
be struck through, and in both cases the entry in lieu thereof should 
be made “Honorable discharge certificate of petitioner was exhibited 

to me this.day of.” An appropriate note should also 

be entered upon the stub of the certificate issued to said applicant. 

(c) Certain aliens are permitted to petition for naturalization under 
the terms of the act of June 25, 1910, without proof of previous declar¬ 
ations of intention. Clerks of courts should state in lieu of the infor¬ 
mation regarding the declaration of intention “Filed under provisions 
of section 3 of the act of Congress approved June 25, 1910,” and 'the 
statement following the first signature of the petitioner should be 
changed so as to read “Declaration of intention omitted under the 
terms of the act of June 25, 1910.” Affidavit, Form 2227, setting 
forth particulars as to the reason for the exemption claimed must be 
signed and sworn to by the petitioner before the clerk of the court or 
his authorized deputy. In the event this form is not presented by an 
officer in the naturalization service it will be forwarded to the clerk 
of the court for use in any case to which it relates upon examination 
of the duplicate petition in the bureau. 

(d) Petitions for naturalization'under the sixth subdivision of sec¬ 

tion 4 may be legally filed by children of a deceased declarant only 
after such children have attained their majority and who were minors 
at the time of the death of the father. Where a petition is filed by 
a child under the foregoing conditions, the fifth assertion should be 
altered to read; “My father declared his intention to become a citi¬ 
zen of the United States on the . day of ., A. D., 

and died on the . day of ., A. D.” 










NATURALIZATION LAWS 


265 


Where a petition for naturalization is filed under this subdivision by 
the widow of a deceased declarant, the fifth assertion should be al¬ 
tered to correspond to the foregoing in relation to the child, with 
the exception that the word “husband” should be inserted instead of 
the word “father.” 

In the last two cases referred to the words in the paragraph imme¬ 
diately preceding petitioner’s first signature should be altered to show 
that the father’s or husband’s declaration (as the case may be), or 
a certified copy thereof, is attached to the original petition, and the 
statement of the clerk of the court immediately below the first sig¬ 
nature of the petitioner should be changed to show the facts. If the 
petitioner arrived in the United States prior to June 29, 1906, the 
words in statement immediately preceding the first signature of peti¬ 
tioner and thereafter having reference to the certificate of arrival 
should also be struck through. If the petitioner arrived in the United 
states after June 29, 1906, certificate of arrival must be obtained in 
accordance with Rule 5 of these regulations, and the words in the 
two statements above referred to should remain unaltered with the 
exception that the last statement should include the number of the 
certificate of arrival appearing in the upper right-hand corner thereof. 

(e) Where a petition for naturalization is filed by the widow of an 
alien, based upon her own declaration of intention, the date of her 
husband’s demise should be shown in the fifth assertion. 

Naturalization papers may be legally filed by any unmarried woman 
who is otherwise qualified, or the widow of a foreign-born person not 
naturalized, but not by a woman during the existence of the marital 
relation. Notation of the facts in each case should be made upon the 
face of each paper before it is issued. 

25. So far as practicable the clerks of courts having jurisdiction 
under the provisions of the naturalization laws will be furnished, upon 
requisition therefor on Form 2201, with appropriately addressed en¬ 
velopes for communicating with the bureau. When not using such 
envelopes, however, all communications, in addition to the other neces¬ 
sary address, should be plainly marked “Bureau of Immigration and 
Naturalization.” 

26. Clerks of courts having jurisdiction to naturalize under the pro¬ 
visions of the act of June 29, 1906, are requested, in case the foregoing 
rules and regulations fail to remove from their minds doubt as to 
the proper course of action in any case, to write to the Commissioner 
of Naturalization, Bureau of Immigration and Naturalization, for instruc¬ 
tions before taking such action. 


Widow of 

deiceased 

declarant. 


Declaration 
procedure of 
under the Act 
of June 29, 
1906. 


Petition for 
naturalization 
filed by 
widow of 
alien. 

By unmarried 
woman. 


Appropriately 
addressed 
envelopes will 
be provided. 


UNITED STATES PENAL LAWS 


Forging or 

counterfeiting 

certificate. 


Engraving 

certificate. 


Personating 
any person. 


By the Act approved March 4, 1909 (35 Stat. L., pt. 1, ch. 321), the 
following sections were enacted, repealing Sections 5395, 5424, 5525, 
5526, 5528 and 5529 of the Revised Statutes of the United States, and 
Sections 16, 17 and 19 of the Act of June 29, 1906: 

Sec. 74. Whoever shall falsely make, forge, or counterfeit, or cause 
or procure to be falsely made, forged, or counterfeited, or shall know¬ 
ingly aid or assist in falaely making, forging, or counterfeiting any cer¬ 
tificate of citizenship, wit^h intent to use the same, or with the intent 
that the same may be used by some other person, shall be fined not 
more than ten thousand dollars, or imprisoned not more than ten years, 
or both. 

Sec. 75. Whoever shall engrave, or cause or procure to be engraved, 
or assist in engraving, any plate in the likeness of any plate designed 
for the printing of a certificate of citizenship; or whoever shall sell any 
such plate, or shall bring into the United States from any foreign place 
any such plate, except under the direction of the Secretary of Commerce 
and Labor or other proper officer; or whoever shall have in his control, 
custody, or possession any metallic plate engraved after the similitude 
of any plate from which any such certificate has been printed, with 
intent to use or to suffer such plate to be used in forging or counter¬ 
feiting any such certificate or any part thereof, or whoever shall print, 
photograph, or in any manner cause to be printed, photographed, made, 
or executed, any print or impression in the likeness of any such certifi¬ 
cate, or any part thereof; or whoever shall sell any such certificate, or 
shall bring the same into the United States from any foreign place, 
except by direction of some proper officer of the United States; or who¬ 
ever shall have in his possession a distinctive paper which has been 
adopted by the proper officers of the United States for the printing of 
such certificate, with intent unlawfully to use the same, shall be fined 
not more than ten thousand dollars, or imprisoned not more than ten 
years, or both. 

Sec. 76. Whoever, when applying to be admitted a citizen, or when 
appearing as a witness for any such person, shall knowingly personate 
any person other than himself, or shall falsely appear in the name of 
a deceased person, or in an assumed or fictitious name; or whoever 
shall falsely make, forge, or counterfeit any oath, notice, affidavit, cer¬ 
tificate, order, record, signature, or other' instrument, paper, or pro¬ 
ceeding required or authorized by any law relating to or providing for 
the naturalization of aliens; or whoever shall utter, sell, dispose of, or 
shall use as true or genuine, for any unlawful purpose, any false, forged, 
antedated, or counterfeit oath, notice, certificate, order, record, signa¬ 
ture, instrument, paper, or proceeding above specified; or whoever shall 
sell or dispose of to any person other than the person for whom it was 
originally issued any certificate of citizenship or certificate showing any 
person to be admitted a citizen, shall be fined not more than one thou¬ 
sand dollars, or imprisoned not more than five years, or both. 

Sec. 77. Whoever shall use or attempt to use, or shall aid, assist, or 
participate in the use of any certificate of citizenship, knowing the same 
to be forged, counterfeit, or antedated, or knowing the same to have 
been procured by fraud or otherwise unlawfully obtained; or whoever 
without lawful excuse, shall knowingly possess any false, forged, ante¬ 
dated, or counterfeit certificate of citizenship purporting to have been 
issued under any law of the United States relating to naturalization, 
knowing such certificate to be false, forged, antedated, or counterfeit, 
with the intent unlawfully to use the same; or whoever shall obtain, 
accept, or receive any certificate of citizenship, knowing the same to have 
been procured by fraud or by the use or means of any false name or 


UNITED STATES PENAL LAWS 


267 


statement given or made with the intent to procure, or to aid in pro¬ 
curing, the issuance of such certificate, or knowing the same to have 
been fraudulently altered or antedated; or whoever without lawful 
excuse, shall have in his possession any blank certificate of citizenship 
provided by the Bureau of Immigration and Naturalization with the 
intent unlawfully to use the same; or whoever, after having been ad¬ 
mitted to be a citizen, shall, on oath or by affidavit, knowingly deny 
that he has been so admitted, with the intent to evade or avoid any 
duty or liability imposed or required by law, shall be fined not more 
than one thousand dollars, or imprisoned not more than five years or 
both. 

S’ec. 78. Whoever shall in any manner use, for the purpose of reg¬ 
istering as a voter, or as evidence of a right to-vote, or otherwise unlaw¬ 
fully, any order, certificate of citizenship, or certificate, judgment, or 
exemplification, showing any person to be admitted to be a citizen, 
whether heretofore or hereafter issued or made, knowing that such 
order, certificate, judgment, or exemplification has been unlawfully 
issued or made; or whoever shall unlawfully use, or attempt to use, any 
such order or certificate, issued to or in the name of any other person, 
or in a fictitious name, or the name of a deceased person, shall be fined 
not more than one thousand dollars, or imprisoned not more than five 
years, or both. 

Sec. 79. Whoever shall knowingly use any certificate of naturalization 
heretofore or which hereafter may be granted by any court, which has 
been or may be procured through fraud or by false evidence, or which 
has been or may hereafter be issued by the clerk or any other officer 
of the court without any appearance and hearing of the applicant in 
court and without lawful authority; or whoever, for any fraudulent pur¬ 
pose whatever, shall falsely represent himself to be a citizen of the 
United States without having been duly admitted to citizenship, .shall 
be fined not more than one thousand dollars, or imprisoned not more 
than two years, or both. 

Sec. 80. Whoever, in any proceeding under or by virtue of any law 
relating to the naturalization of aliens, shall knowingly swear falsely in 
any case where an oath is made or affidavit taken, shall be fined not 
more than one thousand dollars and imprisoned not more than five 
years. 

Sec. 81. The provisions of the five sections last preceding shall apply 
to all proceedings had or taken, or attempted to be had or taken, before 
any court in which any proceeding for naturalization may be com¬ 
menced or attempted to be commenced, and whether such court was 
vested by law with jurisdiction in naturalization proceedings or not. 

Sec. 83. Corporations, etc., not to contribute money for political elec¬ 
tions. It shall be unlawful for any national bank, or any corporation 
organized by authority of any law of Congress, to make a money con¬ 
tribution in connection with any election to any political office. It shall 
also be unlawful for any corporation whatever to make a money con¬ 
tribution in connection with any election at which presidential and vice- 
presidential electors or a Representative in Congress is to be voted for, 
or any election by any State legislature of a United States Senator. Every 
corporation which shall make any contribution in violation of the fore¬ 
going provisions shall be fined not more than five thousand dollars; and 
every officer or director of any corporation who shall consent to any 
contribution by the corporation in violation of the foregoing provisions 
shall be fined not more than one thousand dollars, or imprisoned not 
more than one year, or both. 


Using another 
person’s cer¬ 
tificate— 
penalty. 


Using 
certificate 
procured by 
fraud. 


Penalty. 


268 


appp:ndix 


ACTS CONCERNING SPECIAL ELECTION DISTRICTS. 

NOTE.—Special acts have been passed from time to time providing 
for the formation, government, operation of certain districts. These 
acts are too voluminous to permit of their inclusion, and moreover, the 
portions relating to the calling and conducting of elections in such dis¬ 
tricts constitute but a small part thereof. For the convenience of those 
interested, reference is made where such acts may be found in full. 

Assessment Districts for Public Park and Playground Purposes. (Stat¬ 
utes 1909, page 1066; amended, Statutes 1911, Extra Session, page 
17). 

Annexation Act of 1913.* Stat. 1913, chap. 312. 

Bond Election In. Statutes 1911, page 303. 

Boulevard Districts, formation and establishment of. Stat. 1911, chap. 
737; amended Stat. 1911-12 (extra session), chap. 56; Stat. 1913, 
chap 236. 

Drainage Districts. General Laws (Deering), Act 987. 

Irrigation Districts, organization and government of, and recall of officers 
of. General Laws (Deering), Act 1726; amended Stats. 1911, chaps. 
157, 317, 588; amended Stats. 1911-12 (extra session), chaps. 34, 
36, 63; funding bonds of. General Laws (Deering), Act 1727; Stats. 
1913, chaps. 60, 367, 370, 578; dissolution of. General Laws (Deering), 
Act 1731, amended Stats. 1911-12 (extra session), chap. 26; Stats. 
1913, chap. 39. 

Levy Districts. Formation and Government. (General Laws (Deering), 
Act 1913; amended. Statutes 1911, page 1212). 

Library District, formation of. Stat. 1909, p. 815, amended Stat. 1911, 
'chap. 172; in Union High School Districts, Stat. 1911, chap. 279. 
Lighting Districts, formation and government of. General Laws (Deer¬ 
ing), Act 1466; amended Stat. 1911, chap. 260; Stat. 1913, chap. 259. 
Local Option Districts, elections in. Stat. 1911, chap. 351. 

Monuments for Pioneers. Statutes 1913, page 377. 

Municipal Water Districts. (General Laws (Deering), Act 2390; Stat¬ 
utes 1911, page 1290; amended, 1911, Extra Session, page 92). 
Municipal Corporations—Consolidation. Stat, 1913, chap. 311. 

Municipal Annexation Act. Stat. 1913, chap. 311. 

Overflow Districts. Statutes 1911, page 1397. 

Protection Districts. General Laws (Deering), Act 2805. 

Public Utility District, incorporation and organization. Stat. 1913, chap. 
261. 

Reclamation Districts. General Ijaws (Deering), Act 2975. 

Sanitary Districts. (General Laws (Deering), Act 3349; amended. Stat¬ 
utes 1911, pages 501, 706; 1913, page 344). 

School Districts, elections in. Political Code, Secs. 1593-1602, 1674, 1880- 
1884; bond issue election. General Laws (Deering), Acts 3567, 3582; 
high school district elections. Political Code, Secs. 1725-1746; union 
high school library districts. Stats. 1911, chap. 279. 

Sewer Districts, within municipalities. General Laws (Deering), Act 
3597; municipalities may create. Stats. 1911, chap 23; division of 
municipalities into. Stats. 1911, chap. 455. 

Storm Water Districts, (General Laws (Deering), Act 2806; amended. 
Statutes 1913, page 504). 

Water Districts—County—Incorporation and organization, Stats, 1913, 
chap. 592. 

Water Districts—Municipal—Incorporation and management of. Stats. 
1911, chap 671. amended Stats. 1911-12 (extra session), chap. 19; 
General Laws (Deering), Act 2390. 


INDEX 


APPENDIX. Sec. Page 

Acts Concerning Special Election Districts. 268 

CONSTITUTION OF STATE. 

Counties, Cities and Towns .ART. XI. 16 

Charter proposed, publication of . 7i/^ 18 

Charter, framing new . 71 ^ 22 

Charter petition . 71^4 17 

Charter, petition when ratified . 71 ^ 19 

Charter, election officers elected according to general law 7% 20 

Charter elections, called by board of supervisors . 7% 19 

Charter elections, amendments of . 7 ^ 21 

Charter, amendments to . 7% 18 

Charter provisions .. 7^4 20 

Charter, when becoming a law. 7% 18 

Charter, laws superseded by . 7M> . 21 

Freeholders, special election of . iy -2 17 

Freeholders, duties of . 7i/^ 18 

Government, county . 4 16 

Merging city and county government . 7 17 

Municipal corporations, how created . 6 16 

New counties, formation of. 3 16 

Road districts, formation of ..•. 7% 21 

Removal of county seat . 2 16 

Sale of bonds. jy* 21 

Declaration of Right . ART. II. 4 

Election privileges . 2 4 

Military duty .. 3 4 

Primary election . 2^4 4 

Property qualification . 24 4 

Residence .*. 4 4 

Suffrage, right of . 1 4 

Voting, method of . 5 5 

Voting machines . 6 5 

. Distribution of Powers . ART. III. 5 

Government, division of . 5 

Executive Department. ART. V. 10 

Executive officers, election of . 17 11 

Governor, power vested in . 1 10 

Governor, election of. 2 10 

Governor, who eligible to office. 3 10 

Governor, election return . 4 10 

Governor, filling vacancies . 8 10 

Lieutenant-Governor, election of and power vested in. . 15 10 

Lieutenant-Governor, vacancy in office, in case of. 16 10 

Salaries . 19 H 

Education . ART. IX. 15 

Superintendent of public instruction . 2 15 















































270 


INDEX 


CONSTITUTION OF STATE—Cont’d. Sec. Page 

Judicial Department. AET. VI. 11 

Appellate districts . 4 12 

Clerks of court. 14 15 

Commissioners, court . 14 15 

' District court of appeals . 4 12 

Justices of supi’eme court, election of. 3 11 

Justices of district court of appeal, election and term 

of office . 4 13 

Justices of the peace, number and power of. 11 15 

Leave of absence, not to be granted . 9 14 

Not eligible to other offices, when . 18 15 

Power, how vested . 1 11 

Supreme court, jurisdiction of . 4 12 

Superior judges, election and term of. 6 14 

Salaries . 17 15 

Vacancies, how to fill . 4 12 

Legislative Department ..’ AET. IV. 

Legislative power. Initiative . 1 5 

Legislative power, Eeferendum . 1 6 

Miscellaneous provisions: 

Affidavit . 7 

Affidavit, verification of . 7 

Assistants, supervisors to allow additional . 7 

Certificates . 8 

Congressional districts, formation of . 27 10 

Election of assembly . 3 8 

Election of senators. 4 8 

Election, officers guided by . ~ 8 

Embezzlement . 21 9 

Initiative and referendum, manner of providing for 8 

Measures, to be printed and mailed to each elector. . 7 

Measure, failure to submit at election . 7 

Not eligible to certain offices . 19 9 

Not eligible to civil office of profit . 20 9 

Petitions shall be filed with clerk or registrar of 

voters . 7 

Petitions, copy to secretary of state. 8 

Petition, supplemental . 8 

Petitions may be presented in sections. 7 

Eepealed, by vote of people . 6 

Eegistrar, duties of . 8 

Eegistrar, certificate . 7 

Signatures, who may solicit . 12 9 

Senate and Assembly consists of . 5 8 

Senatorial and Assembly districts . 6 9 

Special laws, not to pass local or . 25 9 

Miscellaneous Subjects. AET. XX. 

* Bribery disqualifies . 10 24 

Capital of State, how changed . 1 23 

Duelling, disqualification for . 2 24 

Election of officers or commissioners . 4 24 

Election by plurality of vote . 13 24 

Elections, when held, term of office . 20 25 

Oath of office . 3 24 

Purity in office holding, elections, etc.■ 11 24 

Eesidence . 12 24 

Term of office, when not fixed by the constitution. 16 24 






















































INDEX 


271 


CONSTITUTION OF STATE— Cont’cl. Sec. Page 

Recall of Public Officials .ART. XXIII. 

Clerk or registrar to tile certificate . 1 27 

Form of ballot . 1 26 

Notice of election . 1 25 

Procedure . 1 25 

Petition . 1 25 

Petition, may be in sections . 1 26 

Petition, to be filed with clerk or registrar of voters . . 1 26 

Petition, when it cannot be circulated . 1 27 

Power of recall, Legislative body may provide manner 

for . 1 27 

Who may be nominated for office to be filled . 1 26 


POLITICAL CODE. 


Affidavits 


Original and duplicate . 

Registration . 

Ballots . 

Arrangement of names .,. 

Ballot Law, form of ballot . 

Borders, perforation, etc. 

Bound and recorded, to be . 

Candidates names, not to separate . 

Certifying list of candidates to county clerk . 

Clerk to i)rovide . 

Constitutional amendments proposed. 

Constitutional amendments, contents of pamphlets for. 

Delivered to election board, receipt for . 

Destroy unused ballots, county clerk to . 

Destroyed, clerk’s affidavit to number . 

Destruction of number in excess of names on list. 

Destruction, in case of. Governor to order new election 

Errors, county clerk to correct .‘. 

Folding of . 

Forms of . 

General ticket . 

Loss or destruction, in case of . 

Mailing of sample, etc. 

Municipal, to be of different tint paper . 

Nomination certificates, time of filing . 

Nomination certificates, to preserve two years. 

Nomination of candidates otherwise than by primary. . 

'Number of correspond with stub number . 

Number to be furnished . 

Of same size, print, etc. 

Officers elected for different terms, full term. 

Officers elected for different terms, short term . 

Proposition column . 

Proposition, order in which it is to appear.'. . . 

Printing of, public expense . 

Removal of slip containing number . 

Returned, duty of officers on . 

Size of, etc. 

Spoiled or unused . 

Titles, attorney general to provide . 

Title commissioners, board of . 


1905a 

79 

1906 

80 


1197 

109 

1199 

108 

1197 

112 

1198 

118 

1197 

112 

1197 

109 

1196 

106 

1195 

105 

1195 

105 

1201 

119 

1199 

119 

1199 

119 

1255 

130 

1201 

120 

1200 

119 

1205 

122 

j 1197 

116 

( 1197 

% 117 

1197 

113 

1201 

120 

1210 

124 

1197 

113 

1192 

104 

1191 

104 

1188 

103 

1197 

113 

1199 

118 

1197 

113 

1197 

113 

1197 

114 

1197 

114 

1197 

110 

1185 

103 

1209 

124 

1207 

123 

1197 

111 

1207 

122 

1197 

110 

1197 

111 



















































272 


INDEX 


POLITICAL CODE—Cont’d. Sec. Page 

Ballots—Cont’d. 

Title, determination of board final . 1197 111 

Titles for initiative questions . 1197 110 

Titles, objections to . 1197 111 

To be strung, enclosed in sealed envelope and not to be 

examined . 1259 130 

Type . 1197 112 

Unopened for twelve months, clerk to keep . 1265 132 

Void or spoiled . 1211 125 

When packages may be destroyed . 1266 133 

When two or more are found folded . 1254 129 

Ballot Boxes . 

Not to be opened until polls finally closed . 1162 101 

Not to be removed . 1162 101 

Opening, exhibiting and closing before receiving ballots 1162 101 

Providing . 1203 120 

Booths . 120 

To be provided with proper supplies . 1203 120 

Guard rails, etc. 1203 120 

Candidates . 

Error or omission in name, how corrected . 1200 119 

Not to sign pledges . 2 214 

Not to be solicited . 1 214 

Canvassing and Returning the Vote . 

Canvass, how commenced . 1253 129 

'Canvass, public, without adjournment . 1252 129 

Counting the votes or ballots . 1257 130 

Election returns to be sealed up . 1261 131 

Lists of election returns . 1260 131 

Lists to be signed, how . 1256 130 

Other papers and lists, open to inspection . 1262 131 

Packages to be delivered to county clerk . 1264 131 

Returns and ballots to be delivered to member of board 1263 131 

Returns to be delivered by clerk to board of supervisors 1267 133 

Register copy to be filed in county clerk’s office. 1268 133 

Roster of voters, delivery and custody of . 1264a 132 

Tally of votes . 1258 130 

Certificate and Commission. 

Certificates, clerk to issue and deliver . 1284 135 

Certificate, majority of board to sign . 1142 100 

Certificate, defects when to be disregarded . 1297 137 

Certificate, want of form not to vitiate . 1175 102 

Commissions, when governor to issue . 1291 136 

Challenging—see voting . 

Elections . 69 

General, when^held. 1041 69 

Municipal, when held . 1044 69 

Municipal, who is entitled to vote . 1120 89 

Municipal, register used .. , 1121 90 

Special, when held . 1043 69 
















































INDEX 


271] 

POLITICAL CODE—Cont'd. Sec. Page 

Election Boards . 

Appointed, how . 1142 94 

Application for position, election officer, form . 1142 94 

Application to serve, election officer, form . 1142 95 

Board, what to consist of . 1142 94 

Board to be sworn . 1148 100 

Clerk to be sworn .. 1148 100 

election laws, digest of . 1142a 100 

i Eligibility to act on election board . 1142 99 

Failure to appoint or attend, proceedings . 1144 100 

Inspectors, power of . 1145 100 

Judges, not to be of same political party. 1143 100 

Notice to election officers, form .. 1142 98 

b Oath of office .*.. 1142 99 

Oaths, judges and clerks may administer . 1146 100 

Precinct register, board to post copies . 1149 100 

Precinct register, not to be torn or defaced . 1150 100 

Precincts, (special), board for each . 1151 101 

Election Commissioners . 72 

Appointments, who entitled to . 1075 73 

Appointments, made by, when j)rotest is filed. 1075 73 

Boards of, to be residents of city and county for. 1075 72 

Chairman, when chosen. 1075 73 

Clerk, not to engage in other business . 1077 74 

Clerks, duties of . 1078 75 

Expenditures in respect to elections . . . !. 1079 75 

Oath of office . *1077 74 

Power to administer oaths .. 1077 75 

Salaries .. 1075 73 

Term of office . 1075 73 

To supervise elections . 1076 74 

Vacancies, how filled. 1075 73 

Elections, Miscellaneous Provisions. 71 

Compensation for election officers . 1072 71 

Compensation, assignment unlawful until . 1072a 72 

Expenditures in respect to elections . 1079 75 

Electors exempt from militia duty, when . 1070 71 

Electors privileged from arrest, when . 1069 71 

Fees not to be charged for registration or . 1071 71 

Plurality to elect .. 1066 71 

Poll lists, envelopes, blanks, etc., furnished by. 1073 72 

Tie vote, proceedings on . 1067 71 

Tie vote. Governor and Lieutenant-Governor proceed¬ 
ings on . 1068 71 

Election Proclamations .. 70 

Governor’s, for state senators and members of assembly 1053 70 

Governor’s, what to contain . 1054 70 

Governor’s copy of, to be published and posted. 1055 70 

Special county, to be issued by . 1056 70 

Instructions to Voters . 1197 114 

Initiative, Referendum and Recall Petitions . 118 

Duty of Clerk . 1197b 118 

Petitions, initiative, referendum, recall . 1197b 118 

Petition, number of words . 1197a 118 

Petition, prior to circulating . 1197a 118 


k 























































274 


INDEX 


POLITICAL CODE—Cont’d. Sec. Page 

Grovernor . 

Powers and duties in addition to those described in the 

constitution . 380 68' 

Legislative Oificers . 68 

Assemblymen, election of . 228 68 

Number and designation . 225 68 

Senators, election of . 227 68 

Term of office . 226 68 

Opening and Closing Polls . 101 

Ballot box to be exhibited . 1162 101 

Opening and closing of . 1160 101 

Proclamation at opening the.•. 1163 101 

Rights of voters at closing time . 1164 101 

Persons Composing the People of the State . 30 

Citizens, who are . 51 10 

People, who are the . 50 10 

Residence, rules determining . 52 10 

Political Rights and Duties . 31 

Citizens of other states . 60 31 

Citizens not electors .. 59 31 

Eligibility to office . 58 31 

Not citizens . 5.7 31 

Political Divisions of the State . 

Assembly districts . 90 49 

Assembly districts, map . 47 

Congressional districts . 117 64 

Congressional districts, map . 67 

Senatorial districts . 78 35 

Senatorial districts, map . 33 

Poll-Lists, Form of . 1174 102 

Precincts . 

Boundaries . 1128 93 

Consolidating, establishing of special precincts . 1133 94 

Limitation upon power to establish . 1130 93 

AT • ^ S 1125 91 

New precincts .-j ^^^26 91 

Place in precinct for holding election, board to designate 1131 93 

Place in precinct for holding election, when justice of 

the peace . 1132 93 

Preliminary Provisions, Holidays . 10 29 

Qualification and Disability of Electors. 76 

Electors, qualification of . 1083 76 

Electors ’ qualification to signatures to initiative, refer¬ 
endum and recall petitions . 1083a 77 

Examination of petitions, by whom paid. 1083b 77 

Not entitled to vote . 1084 77 


M 











































INDEX 


POLITICAL CODE—Coilt’a. Sec. Page 

Registration . 77 

Affidavits of . 1095 79 

Affidavit, what it must show . 1096 80 

Affidavit of registration, form . 1097 84 

Affidavits to be preserved five years . 1103 85 

Affidavits of, arranging and binding into. 113 88 

Affidavit, certified copy evidence person is a voter. 1117 89 

Clerk’s duty upon receipt of returns . 1102 85 

Clerk must give certificate upon application . 1107 88 

Clerk, costs not to be recovered against the, except. 1112 88 

County clerk to examine records for conviction ..1106 87 

Cancellation . 1105 86 

Cancellation of entry must be made. 1106 86 

Cancellation on the great register . 1106 87 

Cancellation of incompetent on great register . 1106 87 

Cancellation, conviction for infamous crime . 1106a 87 

Cancellation jon great register, action compelling. 1109 88 

Cancellation, parties to such action, plaintiffs. 1110 88 

Cancellation, parties to such action, defendants . 1111 88 

Compelling entry of name on great register. 1108 88 

Every two years, registration . 1094 77 

Foreign born . 1097 82 

Index to register, quantity to be printed . 1115 89 

Index to register, to furnish to candidates. 1115 89 

Index, printed copies how distributed . 1116 89 

Not to be registered in different counties . 1104 86 

Qualifications for . 1097 81 

Secretary of State . 

Duties in addition to those described in the constitution 408 69 

Tally-Lists, Form of . 1174 102 

Tally-lists and papers that are not to be rejected. 1175 102 

Voting and Challenges . .. , 127 

Assisting voters, oath of election officer . 1208 123 

Assisting voters, form of oath . 1208 123 

Assisted voters list to be preserved . 1208 124 

Ballot, removal of slip containing number . 1209 124 

Ballot boxes, booths and supplies . 1203 120 

Booth, occupancy of . 1206 122 

Commissioners, powers and duties of board of election. 1216 126 

Challenge, for want of identity, })roeeedings . 1231 128 

Challenge, grounds for . 1230 127 

Challenge, non-residence in state, proceedings .| 1232 128 

Challenge, non-residence in precinct, proceedings. 1233 128 

Challenge, rules to be read . 1241 129 

Challenge, term of residence, how computed . 1240 129 

List of Challenge to be kept . 1243 129 

List of voters, clerk to keep . 1229 127 

Nomination certificate, destruction or false making of 1213 125 

Registrar of voters, powers and duties of. 1216 126 

Supplies not to be destroyed . 1214 126 

Voters, not to show contents of ballot . 1215 126 

Voters, not to place distinguishing marks on ballot . . 1215 126 

Voters, illiterate or helpless, how to assist . 1208 123 

Voting, when to commence and how long to continue. . 1224 127 

Voting, manner of . 1204 120 

Voting, how to prepare ballot . 1205 120 

Voting, folding of ballot . 1205 122 

Voting, time allowed from employnient, for . 1212 125 






















































276 


INDEX 


Sc*c. Page 

CONSOLIDATION OF PRECINCTS . 183 

DIRECT PRIMARY LAW . 141 

LEGISLATIVE COUNSEL BUREAU . 215 

MUNICIPAL CORPORATIONS. 

Classification of Municipal Corporations . 231 

Classes described . 1 231 

Classes, determination based on. 2 232 

Reorganization, question on . 3 232 

Charters (See Constitution, Counties, Cities and Towns) .., 

Legislative Department . 231 

Organization, meetings, etc. 858 231 

Elections, rules relating to . 860 231 

Municipal Corporations of the 5th Class . 223 

Compensation of officers . 755 226 

Commission form, election on adoption of . 752a 224 

Elections, how regulated . 756 226 

Eligible to office . 757 226 

Library . 758 226 

Officers . 751 223 

Officers, election and term of . 752 224 

Officers, election on appointment of . 752b 225 

Office, vacancy in . 754 225 

Rules . 762 227 

School department ...^ 795 227 

Municipal Corporations of the 6th Class. 227 

Commission form, election on adoption of . 852a 228 

•Compensation of trustee, election to decide. 855 230 

Eligibility of trustees . 857 231 

Election provisions . 856 230 

Officers . 851 227 

Officers, election and term of .*. 852 228 

Officers, election on appointment of . 852b 229 

Office, vacancy in . 854 229 

Organization of Municipal Corporations . 217 

Boundary, how changed . 7 220 

Consolidating, how . 8 221 

Election, how conducted . 3 218 

Incorporate, city or town may . 1 217 

Incorporate, under this law, how. 4 219 

Organizing, manner of proceeding . 2 217 

Officers, duty of outgoing . 6 219 

Reincorporation, effect of . 5 219 

NATURALIZATION LAWS. 

Act to Establish Bureau of Immigration and Naturalization 245 

Acquisition of citizenship by other means than . 1992 258 

African nativity . 2169 256 

Alien enemies not admitted . 2171 256 

Alien honorably discharged . 2166 256 

Alien seamen . 2174 257 

Children of persons under certain laws to be citizens... 2172 256 

Chinese not to be naturalized . 14 257 

Seamen discharged from navy, how admitted . 257 

Validate certain certificate . 257 


















































INDEX 277 

NATURALIZATION LAWS—Cont’d. Sec. Page 

Citizens of Hawaii . 258 

Expatriation of Citizens. 258 

Naturalization Regulations .;. 259 

PENAL CODE. 

Crimes Against the Election Franchise . 2.33 

Aiding, abetting or concealing guilty of . 52 235 

Anonymous,, circulars, circulation of . 62a 241 

Bribes, giving or offering to members of. 57 239 

Betting on election . 60 240 

Changing ballots or returns . 48 234 

Election officers, acting without appointment . 40 233 

Election laws, violation of, by certain officers . 41 233 

Election laws, violation by persons . 61 241 

Election laws, violation as to tickets . 62 241 

Felony to sign fictitious names to petition of initiative, 

referendum or recall . 51a 235 

Furnishing money for elections . 54 236 

Intimidating, corrupting, deceiving or defrauding .... 53 236 

Intoxicants, sale of, on election day . 63b 242 

Legislature, meinbers not to accept valuable consid¬ 
eration . r. . 63V> 242 

Officers of election, unfolding or marking ballots. 49' 234 

Officers of election, when ineligible . 49a 235 

Officers of election, aiding in wrong doing . 57a 239 

Offenses against primary election laws, punishment. . . . 64l^ 242 

Preventing public meetings . 58 240 

Printed matter, printer to put imprint on . 62b 241 . 

Registration, fraudulent . 42 233 

Registrationj allowing fraudulent . 42a 233 

Refusal to be sworn by .-. 43 233 

Refusal to obey summons .. 44 233 

Returns, forging or altering . 50 235 

Unlawful offers to procure offices for electors . 55 238 

United States senators, candidates for, must not give 

pecuniary aid to legislative candidates . 63 241 

Vote, soliciting candidates for or against a bill to.... 55a 239 

Vote, force, violence or restraint used to influence. 59 240 

Vote, attempting to, when not qualified . 46 234 

Votes cast, adding or subtracting from . 51 235 

Voting, fraudulent or interference with . 45 233 

Voting, procuring illegal . 47 234 

Voting, receiving or contracting for any money or thing 

of value for . 54a 236 

Voting, promising or contributing any money or valu¬ 
able consideration for . 54b 237 

Witnesses, no prosecution for testifying in election cases 64 242 

Misrepresentation or Fraud in Initiative, Referendum or 

Recall Petitions and Prescribing a Penalty Therefor 243 

PUBLIC UTILITY ACT . 185 

What to contain . 1054 70 

Proposition, how submitted . 1195 105 

PURITY OF ELECTION LAWS. % 209 

PRESIDENTIAL PRIMARY LAW . 175 

UNITED STATES PENAL LAWS . 266 

VOTING MACHINE ACT . 193 











































r 




,1 


.V:. 




r V ' '. 


I 


« i 

t 


• ' - ^: ^ k' • . :r A sjJA^ 'rr A.vi. 

tv ♦sltf-j 

/ ■• > - - I 

:;,' .f :“ 


'I - 


' 1 ‘ 


• r 


... '».iM.vfSRjT - 

; .*' -1 I > lu ;;• 

• . . ■( s*' .il'ifj . ' a. 

. »•' ' ; M4u>‘tU (' ' ^i!« i-'Tf ’ 1^1 v 

. Twj Tvi., • 


fj iJ» 


■» 


. I ' • ! 

• ._i., " .|.•l>.; 

ninJt t’» -iif ;t.i ' .'r,;)- 

• _t ^.. • ., .tniif*!":.*; 'ft' ' • 


.• I . I ' , 




I •./ 


L't; 


i^jT- 


' ■I''■■.:■• 

- V . . . .• ./ 

•■ •.• t.,'• I i)>^..t ^1! 


■• S;._ 


.*if*-* 


!' •> i' n*; ^: 

'*■ t"'' {»;•.•-. 1. wjl-frff 



'IL. 


«!•• « 

(iltf* 


. -' t 

• - ' • 

• '• -V ■■ ‘ - 






II 


’^•7 


aTii.'i *a.'‘ ■'■!? *1 ■" ir^ J-iti 

^CT-r'li' ti:‘ ■ * 


. .< 


n I - f t! * - < J«t. » 
Is*:-.* Si.j 


'VStfl 


r” 

fe?, 


t*<’ 




. . . • a i!ir»» 


L'-.n^P 

. r f! 

r 'Vi7l 



■ • • . . ■ •• 'la.ii nu:^ 




'■ ' '■ W'.i •) '.It ‘■' 

ypl 

<f -if, 

• , 


- . ;«:■.♦>:.:•■ ./■ *;»i' 


1 • > i 

i*' 


•' *■- Afc’i£ i.f I-(.’:’L 

• *. . 1# 









. I. <.t r--’- - .l«n -, , '.W 

i-i ! :> >'rt ,.; < *. j ilaiv w?**! 

1.. ;.■ . ,Hf; .. j ,./ ‘•fTt'ie 3 

iT- -u./'.i-.t r,j(.- . ■ v.‘; ?gA). taiiCf' 


iJ 


ii‘ 


cs. • ..' »T ‘A c'*;,/. - 

^ ... . ..... :, 

-•v’’ ‘.. •»" 

vC'i , 


•iN : V 


'•H' 


;i; p...-...Iiriif 
rf. r <■•’JK-T-t *j ;, .fjiT , 




U> Mi: ii'L-:i'''.' -i! 


'"1 i»i 






J: ’ftli-’£'«*£ •« .V.Wa'-r '• \ 




.i« 




. . r. T lA. VTIJ 








mi'.. 


■/ 

•v.JK' 


>?- 


i.'^fti ' •' ,r.> 

:.v. t. •/ ':..i 

•.. wi . y It-:. 1 A iTK 'J cri^a^t:. 




■TTft?/a< j0gp 

ir. ^ 


/ 




^ -A 



f ■'. 










“/r* - m 






\ ■* 











V 


.1 


. • r 


\. 


* U\ 




• >■ 


if if- 



u 



%- 



• « 


'•V. 



^1'- 











■- i 


C‘ 




^ *-• 


. •*.- .* 


*%>.- 


--# ‘ 


- 1 





'Cil ' 


'i ^ 








- / i. 








y * 


■I r 


•»T 


^ C. 


ri 




■?*'. 


\ . 


■fP 


* 

X 


• ■• t 


\: 










*f%a- • 



-r* 


■» 







•C - 


•Ti 

><■ 

• 

t" 







. r 


’ I 


r 

?/ . • "■ ■ 

»> |r . ' S^ 




^ V 



* i «. 


> L 




« ✓ 


> - ’;-, 




r g -• 

■V> ,* * *. 

»v-^ ?^T= 


•r \ 


--"■i 


. 4 


/■- 






n _ 




i Cr ^ 


♦I.* 


>>61' 


• . 3» 

T. - •- / 



•V 




t » 


;v 


4 



1 > 


#■> 












• t. 


^ 4 


T- y* 



>■ 





-4-. 


■>: 


W**' 








♦ * ^ -^i 





> 


• S j 1>>4. i * Z-"* 





.. {\ 




I?-'- 



' ~ -“r*.* * . ■'. •X.%’’■'■'/r-^ 

-'•"'’A •^■‘•- y. ' t.^ -*.• vv 1L 

; ’ r /* ■ y- ■ ■ ‘- • / j. ^ I ~ .»»*i 

. - jV \ x.a ' ■■' * 








;<3^ 





■ r'* M • Hr* 

■y. ^ «: 

r ^ • -s^ ^ 

'■ ‘ ' It ' 

1 ^ ^ 




i:^ti£itar. 


■ ,. ■': ’ f 



•• tm. ' 


f.4L 






^ , _._j&.sai 

: >■... -.-' V i2S'.*-;.;-.K!^if ■_ 


v« r. ' 


1 4 

» ^ . 





.A^‘ A 


i;i 








( 


I 








» 


V 







